Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 July 2018)

Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 July 2018)

The Recorder was entitled, on the evidence of the 999 call and agreed facts, to find that the police gave specific assurances to the deceased's mother that officers would be dispatched promptly to check on the deceased's welfare and arrange hospital transfer if needed. The mother relied on these assurances and did not take other steps she otherwise would have. This created sufficient proximity and an assumption of responsibility by the police for the deceased's welfare, analogous to Kent v Griffiths. The existence of a duty of care was properly found on these facts, and the appeal is dismissed.

Citation
[2018] EWHC 1746
Parties
Claimant and Respondent: Paul Sherratt (for and on behalf of the members of the family of the late Ms Georgina Beevers); Defendant and Appellant: Chief Constable of Greater Manchester Police
Jurisdiction
England and Wales
Judgment Date
16 July 2018
Procedural Posture
Civil Appeal / Appeal From County Court on Preliminary Issue (existence of Duty of Care)
Outcome
Appeal dismissed; finding of duty of care upheld.
Legal Topics
Duty of Care, Assumption of Responsibility, Public Authority Liability, Reliance, Emergency Services, Suicide, Proximity, Public Policy
Tort Law Negligence Police Liability Duty of Care Assumption of Responsibility Public Authority Liability Reliance Emergency Services +3 more

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Parties

Paul Sherratt (for and on behalf of the members of the family of the late Ms Georgina Beevers)

Claimant and Respondent

Chief Constable of Greater Manchester Police

Defendant and Appellant

Procedural Posture

Civil Appeal / Appeal From County Court on Preliminary Issue (existence of Duty of Care)

Legal Issues

  1. 1 Whether the police owed a duty of care to the deceased following a 999 call from her mother
  2. 2 Whether assurances given to a third party (the mother) can create a duty of care to the deceased
  3. 3 Whether reliance by the mother on police assurances is sufficient to establish proximity and assumption of responsibility

Ratio Decidendi

The Recorder was entitled, on the evidence of the 999 call and agreed facts, to find that the police gave specific assurances to the deceased's mother that officers would be dispatched promptly to check on the deceased's welfare and arrange hospital transfer if needed. The mother relied on these assurances and did not take other steps she otherwise would have. This created sufficient proximity and an assumption of responsibility by the police for the deceased's welfare, analogous to Kent v Griffiths. The existence of a duty of care was properly found on these facts, and the appeal is dismissed.

Court Disposition

Appeal dismissed; finding of duty of care upheld.

Orders

  • The appeal is dismissed.
  • The finding that a duty of care was owed by the police to the deceased stands.