Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) (02 September 2024)

Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) (02 September 2024)

The first defendant was not exercising functions of a public nature and is not a public authority under section 6(3)(b) HRA; the claim against it under the Human Rights Act is bound to fail and is struck out. Article 2 ECHR is not engaged as the facts do not meet the exceptional circumstances required for State responsibility in healthcare.

Citation
[2024] EWHC 2265 (KB)
Parties
Claimant: Mark Anthony Sammut (on his own behalf and as administrator of the estate of Paul Sammut (Deceased)); Claimant: Patricia Sammut; Claimant: Claire Sammut; Claimant: Dillan Sammut; First Defendant: Next Steps Mental Healthcare Limited (formerly K. Bond Healthcare Limited t/a Next Steps); Second Defendant: Greater Manchester Mental Health NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
02 September 2024
Procedural Posture
Civil / Application for Strike Out And/or Summary Judgment
Outcome
Strike out and summary judgment granted in favour of the first defendant on Human Rights Act claims; Article 2 claims also struck out.
Legal Topics
Public Authority Definition, Article 2 ECHR Engagement, False Imprisonment, Deprivation of Liberty Safeguards
Human Rights Clinical Negligence Mental Health Law Public Authority Definition Article 2 ECHR Engagement False Imprisonment Deprivation of Liberty Safeguards

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Parties

Mark Anthony Sammut (on his own behalf and as administrator of the estate of Paul Sammut (Deceased))

Claimant

Patricia Sammut

Claimant

Claire Sammut

Claimant

Dillan Sammut

Claimant

Next Steps Mental Healthcare Limited (formerly K. Bond Healthcare Limited t/a Next Steps)

First Defendant

Greater Manchester Mental Health NHS Foundation Trust

Second Defendant

Procedural Posture

Civil / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the first defendant was a public authority for purposes of the Human Rights Act 1998
  2. 2 Whether Article 2 ECHR is engaged in the circumstances of the case

Ratio Decidendi

The first defendant was not exercising functions of a public nature and is not a public authority under section 6(3)(b) HRA; the claim against it under the Human Rights Act is bound to fail and is struck out. Article 2 ECHR is not engaged as the facts do not meet the exceptional circumstances required for State responsibility in healthcare.

Court Disposition

Strike out and summary judgment granted in favour of the first defendant on Human Rights Act claims; Article 2 claims also struck out.

Orders

  • Relevant parts of the claim against the first defendant are struck out.
  • Summary judgment entered for the first defendant on Human Rights Act claims.