Summary
The operational duty under Article 2 may arise in relation to detainees where authorities know, or ought to know, of a real and immediate risk to life. It may apply to healthcare and ambulance authorities temporarily responsible for a detainee, and does not require a systemic failure. The relevant standard is reasonableness, assessed in the circumstances and without imposing an impossible or disproportionate burden. Convention causation is less demanding than ordinary tort causation: a reasonably available measure with a real prospect of altering the outcome, or a substantial chance of avoiding it, may suffice. Article 3 requires treatment attaining the requisite minimum level of severity. Indirect victim status under Article 34 depends on the whole relationship and the applicant’s personal effect, suffering and involvement in related proceedings.
Factual background
James Best, a remand prisoner, died in HMP Wandsworth from a myocardial infarction and cardiac arrest after exercising. His foster mother and foster brother brought claims under the Human Rights Act 1998 against the NHS Trust providing prison healthcare and the London Ambulance Service. They alleged delay in calling and dispatching an ambulance, contrary to Articles 2 and 3 ECHR.
The issues were whether the Article 2 operational duty was engaged, the applicable causation test, whether either Defendant breached Article 2 or Article 3, and whether each Claimant was a victim entitled to bring proceedings.
Held
- Article 2 duty. The operational duty to protect life can arise in the care of detainees where the authorities knew or ought to have known of a real and immediate risk to life. It is not confined to systemic failures or protection from attack. The duty may extend to public authorities, including hospitals and ambulance services, which temporarily assume responsibility for a detainee. The governing standard is whether the authority did all that could reasonably be expected of it, having regard to the circumstances, the ease or difficulty of precautions and available resources, without imposing an impossible or disproportionate burden.
- Conduct of the prison healthcare service. The nurse acted reasonably in treating the presenting symptoms as an asthma attack, applying the ABCDE approach, administering oxygen, monitoring the patient and reassessing his condition. It was reasonable to assess him before calling an ambulance. Once his oxygen saturation failed to improve and his condition deteriorated, she recognised the real and immediate risk to life and promptly called for assistance and an ambulance. There was no breach.
- Ambulance service. The Medical Priority Dispatch System was a reasonable means of allocating a limited emergency resource. The call handler correctly triaged the information provided, consulted her manager when the response appeared inadequate, protected the dispatched ambulance from cancellation and upgraded the call when objective information indicated that the prisoner was gravely ill and suffering a heart attack. Any avoidable delay resulted from the failure to provide sufficient information, not from an unreasonable LAS response.
- Causation. The Claimants had to show that a reasonably available measure could have had a real prospect of altering the outcome, or that the deceased lost a substantial chance of avoiding it. They failed to establish that an earlier ambulance or earlier paramedic attendance would have altered the result, since CPR and defibrillation were provided promptly by prison medical staff and earlier advanced treatment was unlikely to have affected the fatal outcome.
- Articles 3 and victim status. The conduct complained of did not attain the minimum severity required by Article 3. The foster mother was just sufficiently connected to the deceased to qualify as an indirect victim, having had a long-standing parent-child relationship, suffered acute distress and actively pursued investigations. The foster brother was not an indirect victim: their close relationship and distress, without a recognised family or legal relationship, were insufficient.
- Disposition. The claims against both Defendants were dismissed.
The court’s approach to earlier authorities
Available to signed-in members.
Appellate history
Not stated in the judgment.
Key cases cited
27 authorities cited.
- Savage (Respondent) v South Essex Partnership NHS Foundation Trust (Appellate) [2008] UKHL 74
- Van Colle (administrator of the estate of GC (deceased)) and another (Original-Respondents and Cross-appellants) v Chief Constable of the Hertfordshire Police (Original Appellant and Cross-respondent)Smith (Respondent) v Chief Constable of Sussex Police (Appellant) [2008] UKHL 50
- In re Officer L (Respondent) (Northern Ireland) [2007] UKHL 36
- Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC) (Appellant) [2005] UKHL 14
- Sarjantson v Humberside Police [2013] EWCA Civ 1252
- Hall, R (on the application of) v University College London Hospitals NHS Foundation Trust & Anor [2013] EWHC 198 (Admin)
- Morgan [2010] EWHC 2248
- Kats v Ukraine (2010) 51 EHRR 44
- Tarariyeva v Russia (2009) 48 EHRR 26
- VO v France (2005) 40 EHRR 12
- Anguelova v Bulgaria (2004) 38 EHRR 31
- Makaratzis v Greece (2004) 41 EHRR 1092
- Slimani v France (2004) 43 EHRR 1068
- Edwards v United Kingdom (2002) 35 EHRR 47
- Keenan v United Kingdom (2001) 33 EHRR 38
- LCB v United Kingdom (1998) 27 EHRR 212
- Yasa v Turkey (1998) 28 EHRR 408
- Osman v United Kingdom (1998) 29 EHRR 245
- Hollington v F Hewthorn & Co Ltd [1943] KB 587
- Gorraiz Lizarraga and Others v Spain
- Vallianatos and Others v Greece
- Fairfield v United Kingdom
- Kaya and Polat v Turkey
- Tais v France App. 39922/03
- Powell v United Kingdom App. No 45305/99
- Calvelli & Ciglio v Italy App. No. 32967/96
- Velikova v Bulgaria App. No. 41488/98
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Cases citing this case
5 later cases · 4 positive · 1 neutral
Most senior citing decisions:
- Martin Hibbert & Anor v Richard D Hall [2024] EWHC 227 (KB) applied
- Angela Carr v G4S Care and Justice Services (UK) Limited [2022] EWHC 3003 (KB) applied
- Joanne Patton, R (on the application of) v Her Majesty’s Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin) applied
- Watling v The Chief Constable of Suffolk Constabulary & Anor [2019] EWHC 2342 (QB)
- G4S Care and Justice Services Ltd v Luke [2019] EWHC 1648 (QB)
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