Griffiths & Ors v Suffolk Police & Anor

Griffiths & Ors v Suffolk Police & Anor

The NHS Trust did not breach any duty of care in negligence or under the Human Rights Act 1998 to Ms Griffiths or her children, as the assessment and care plan for Mr McFarlane met the standard of a responsible body of medical opinion, and there was no evidence that the Trust knew or ought to have known of a real and immediate risk to Ms Griffiths' life or of serious harm. The Suffolk Police did not breach operational or systemic duties under Articles 2, 3, or 8 ECHR, as the information provided by Ms Griffiths did not indicate a real and immediate risk to life or serious harm, and the police response was reasonable in the circumstances. No causative link was established between any...

Parties
Claimant: Jessica Griffiths; Claimant: Hannah Griffiths; Claimant: Sophie Griffiths (a minor by her father and litigation friend Jeremy Griffiths); First Defendant: The Chief Constable of the Suffolk Police; Second Defendant: Norfolk and Suffolk NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
10 October 2018
Procedural Posture
Civil (tort/negligence and Human Rights) / Judgment After Full Trial
Outcome
Claims dismissed against both defendants.
Legal Topics
Negligence, Duty of Care, Assumption of Responsibility, Human Rights Act 1998, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Operational Duty, Systemic Duty, Mental Health Act 1983, Police Response to Emergency Calls
Tort Law Human Rights Law Medical Negligence Police Law Negligence Duty of Care Assumption of Responsibility Human Rights Act 1998 +7 more

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Parties

Jessica Griffiths

Claimant

Hannah Griffiths

Claimant

Sophie Griffiths (a minor by her father and litigation friend Jeremy Griffiths)

Claimant

The Chief Constable of the Suffolk Police

First Defendant

Norfolk and Suffolk NHS Foundation Trust

Second Defendant

Procedural Posture

Civil (tort/negligence and Human Rights) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the NHS Trust owed and breached a duty of care to Ms Griffiths and her children in negligence and under the Human Rights Act 1998 (Articles 2, 3, 8)
  2. 2 Whether the NHS Trust should have detained or warned about Mr McFarlane
  3. 3 Whether the Suffolk Police breached operational or systemic duties under Articles 2, 3, or 8 ECHR in their response to Ms Griffiths' emergency call

Ratio Decidendi

The NHS Trust did not breach any duty of care in negligence or under the Human Rights Act 1998 to Ms Griffiths or her children, as the assessment and care plan for Mr McFarlane met the standard of a responsible body of medical opinion, and there was no evidence that the Trust knew or ought to have known of a real and immediate risk to Ms Griffiths' life or of serious harm. The Suffolk Police did not breach operational or systemic duties under Articles 2, 3, or 8 ECHR, as the information provided by Ms Griffiths did not indicate a real and immediate risk to life or serious harm, and the police response was reasonable in the circumstances. No causative link was established between any...

Court Disposition

Claims dismissed against both defendants.