Nursing home held not to be a public authority for the purposes of an Article 2 claim – UK Human Rights Blog

Posted September 24th, 2024 in care homes, human rights, mental health, negligence, news and tagged by sally

‘In Sammut v Next Steps Mental Healthcare Ltd and Greater Manchester Mental Health Foundation Trust [2024] EWHC 2265(KB), HHJ Bird sitting as a judge of the High Court gave summary judgment in favour of the first defendant in a claim against a care home brought on behalf of the estate of a mental health patient for breach of ECHR Article 2. HHJ Bird held that the care home was not engaged in public functions for the purposes of section 6 of the Human Rights Act 1998 and was not a public authority. Further, the alleged breach of Article 2 was in reality no more than an allegation of clinical negligence outwith the scope of Article 2.’

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UK Human Rights Blog, 24th September 2024

Source: ukhumanrightsblog.com