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 before him, to find that the police call handler gave a specific assurance to the deceased's mother that officers would be dispatched forthwith to check on the deceased's welfare, and that if required, a hospital transfer would be arranged by the police. The mother relied on these assurances and refrained from taking other steps. On these facts, there was sufficient assumption of responsibility and reliance to establish a duty of care owed by the police to the deceased. The appeal is dismissed.

Citation
[2018] EWHC 1746 (QB)
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; Recorder's decision upheld.
Legal Topics
Negligence, Duty of Care, Assumption of Responsibility, Public Authority Liability, Emergency Services, Reliance, Proximity, Self Harm, Suicide, Police Duties
Tort Law Police Law Negligence Duty of Care Assumption of Responsibility Public Authority Liability Emergency Services Reliance +4 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 by police to a third party (the mother) can create an assumption of responsibility towards the deceased
  3. 3 Whether reliance by a third party (the mother) is sufficient to establish proximity and a duty of care to the deceased

Ratio Decidendi

The Recorder was entitled, on the evidence before him, to find that the police call handler gave a specific assurance to the deceased's mother that officers would be dispatched forthwith to check on the deceased's welfare, and that if required, a hospital transfer would be arranged by the police. The mother relied on these assurances and refrained from taking other steps. On these facts, there was sufficient assumption of responsibility and reliance to establish a duty of care owed by the police to the deceased. The appeal is dismissed.

Court Disposition

Appeal dismissed; Recorder's decision upheld.

Orders

  • The preliminary issue is determined in favour of the claimant: a duty of care was owed by the defendant to the deceased.
  • Case to proceed to further hearing on liability.