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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Lee, R (On the Application Of) v  EWHC 3227 (Admin) (12 September 2019)
Cite as:  EWHC 3227 (Admin)
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT IN LEEDS
B e f o r e :
(Sitting as a Judge of the High Court)
|THE QUEEN ON THE APPLICATION OF RHODA MARIE LEE
|HM ASSISTANT CORONER FOR THE CITY OF SUNDERLAND
|(1) CITY HOSPITALS SUNDERLAND FOUNDATION TRUST
|(2) NORTHUMBERLAND TYNE & WEAR NHS FOUNDATION TRUST
|(3) SUNDERLAND CITY COUNCIL
291-299 Borough High Street, London SE1 1JG
Tel: 020 7269 0370
JONATHAN HOUGH QC of Counsel appeared on behalf of the Defendant
CLAIRE WATSON of Counsel appeared on behalf of the Second Interested Party
The First and Third Interested Parties did not appear or attend
Crown Copyright ©
WARNING: reporting restrictions may apply to the contents transcribed in this document, particularly if the case concerned a sexual offence or involved a child. Reporting restrictions prohibit the publication of the applicable information to the public or any section of the public, in writing, in a broadcast or by means of the internet, including social media. Anyone who receives a copy of this transcript is responsible in law for making sure that applicable restrictions are not breached. A person who breaches a reporting restriction is liable to a fine and/or imprisonment. For guidance on whether reporting restrictions apply, and to what information, ask at the court office or take legal advice.
HHJudge MARK RAESIDE QC:
This is an ex tempore oral judgment which has been briefly corrected on receipt of very poor a transcript without the aid of all the documents.
Factual background surrounding the death of Melissa
Procedural background and Grounds
(1) Operational duties;
'Case law has examined Article 2 and, in particular, the operational duties engaged in difficult circumstances. The case of Rabone v Pennine Care NHS Trust considered mental health patients and extended the operational duty to mental health patients who are not sectioned under the Mental Health Act, and the court did extend the operational duties to include such patients, and it considered extreme vulnerability and exceptional nature of the risks, and also the degree of responsibility and control assumed over that case, which was a young lady…Considering all the other cases referred to by Mr Clarke, on behalf of Melissa's family, despite his contention to the contrary, I believe I am being urged to extent Rabone v Pennine Care NHS Trust to mental health patients in the community; I do not find that the operational duty arises in those circumstances; the Trust has not assumed control or responsibility in that regard of the word, and therefore there can be no breach';
(2) Systemic duties;
'I have also considered the contention there has been a breach of systemic nature, however, I find there is no evidence before me which would suggest the breach of care professionals have not made adequate provisions for securing high professional standards among health professionals and the protection of lives of patients, and I remind myself it is not accepted that errors of judgement on the part of health professional or negligence cooperation among health professionals and the treatment of particular patients are sufficient in themselves to give rise for contracting state to account from the standpoint of applications under Article 2 of the convention to protect life, and that is in Powell v United Kingdom…'.
Ground 2 – Operational duties
Ground 8 – Systemic duties.
Grounds 4 to 6 – Other peripheral Operational duties
It is difficult to see how this case can assist Mrs Lee, as it does no more than repeat the well-known test of arguability adopted in inquest; in the Administrative court; Civil court; indeed, the Court of Appeal and very many other applications.
Grounds 5 and 6
Grounds 7 and 9- Other peripheral Systemic duties
End of Judgment