Sexual assault investigation into a child with learning difficulties not a breach of article 3

Written by: Dijen Basu KC
Published: 17 December 2019

In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.

Domestic violence falls within Article 3, €20,000 for failure to investigate

Written by: Elliot Gold
Published: 6 August 2019

In Volodina v Russia (Application No 41261/17); [2019] ECHR 539 the European Court of Human Rights has held that domestic violence falls within the description of inhuman or degrading treatment for the purposes of Article 3, such that where the police receive a complaint of this, they are likely to have an obligation to launch an investigation into it for the purposes of identifying and punishing the perpetrator and, possibly, to take protective measures against such further behaviour.

Domestic violence falls within Article 3, €20,000 for failure to investigate

Written by: Elliot Gold
Published: 6 August 2019

Police risk assessments, actions and threats to kill

Written by: Rebecca de Hoest
Published: 28 July 2019

In LXD and Ors v Chief Constable of Merseyside Police [2019] EWHC 1685 (Admin), the Administrative Court found that the police had not breached its obligations under Articles 2, 3 and 8 of the Human Rights Act 1998 in its response to a threat to kill LXD and her children. Dingemans J, as he then was, encouraged mediation where the recipient of such a threat sought to challenge the adequacy of the police’s risk assessment or the protective measures that the police have put in place. The judge also questioned the appropriateness of a claim for judicial review being brought in these circumstances, which are likely to involve disputes of fact.

Police and NHS not liable to victim’s children in negligence or breach of human rights

Written by: Elliot Gold
Published: 24 January 2019

In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights. The case is interesting for reaffirming three points:

i. the law will generally not impose liability on a defendant for failing to prevent harm caused by someone else;

ii. obligations under Article 2 (right to life) or Article 3 (prohibition of torture) of the European Convention on Human Rights (ECHR) will not arise where the institution does not know of a real risk that those rights would be breached; and

iii. where there is a protective duty in respect of ECHR, Articles 2 or 3, a breach of Article 8 (respect for private and family life) cannot succeed where Articles 2 or 3 are not themselves breached.