Alexander Lewis-Ranwell v G4S Health Services (UK) Ltd
| Jurisdiction | England & Wales |
| Judge | Mr Justice Garnham |
| Judgment Date | 20 May 2022 |
| Neutral Citation | [2022] EWHC 1213 (QB) |
| Docket Number | Case No: GB90BS068 |
| Court | Queen's Bench Division |
[2022] EWHC 1213 (QB)
Mr Justice Garnham
Case No: GB90BS068
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
BRISTOL DISTRICT REGISTRY
Senate Court,
Southernhay Gardens
Exeter EX1 1UG
Selena Plowden QC and Christopher Johnson (instructed by Clarke Willmott) for the Claimant
Gurion Taussig (instructed by G4S Legal Department) for the First Defendant
The Second Defendant did not appear and was not represented
Judith Ayling QC (instructed by DAC Beachcroft LLP) for the Third Defendant
Andrew Warnock QC (instructed by DWF LLP) for the Fourth Defendant
Hearing dates: 9–10 March 2022
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
Introduction
On 10 February 2019 Alexander Lewis-Ranwell attacked and killed three elderly men in their homes in Exeter. In November 2019, following a trial before May J and a jury at Exeter Crown Court, he was acquitted of murder by reason of insanity. He was ordered to be detained at Broadmoor Hospital, pursuant to sections 37 and 41 of the Mental Health Act 1983 (the “MHA”).
In February 2020, Mr. Lewis-Ranwell (hereafter “the Claimant”) commenced civil proceedings against G4S Health Services (UK) Limited (the First Defendant), the Chief Constable of Devon and Cornwall Police (the Second Defendant), Devon Partnership NHS Trust (the Third Defendant) and Devon County Council (the Fourth Defendant) alleging against all four that they were negligent in their treatment of him in the period 8–10 February 2019 and that they acted in breach of his rights under Articles 3 and 8 of the ECHR as incorporated into domestic law by the Human Rights Act 1998. The Claimant sought damages for personal injury, loss of liberty, loss of reputation and loss of dignity, and indemnity in respect of any claim brought against him as a consequence of his violence towards others in the period 9–11 February 2019. The claim is opposed by all four Defendants.
The First, Third, and Fourth Defendants have applied for an order striking out the claim against them on the grounds of illegality, or, to use the Latin maxim, “ ex turpi causa non oritur actio” (out of a dishonourable cause no action arises.) I heard arguments in support of, and in response to, those applications on 9 and 10 March 2022 and reserved my judgment. This is that judgment.
The Test
The application to strike out was brought by the three Defendants pursuant to CPR r3.4 (2)(a). The question is whether it appears to the court that, in whole or in part, the Particulars of Claim “ disclose no reasonable grounds for bringing the claim”.
It is to be noted that the Second Defendant made no such application and that, by the time of the hearing, the other three Defendants had conceded that the application could only be pursued in respect of the common law negligence claims, not in respect to the Human Rights Act claims. The issue for me therefore is whether the Particulars of Claim disclose any reasonable grounds for bringing the negligence action against the First, Third, and Fourth Defendants.
It was common ground that for the purpose of deciding these applications I should assume that the Claimant makes good all the allegations set out in the Particulars of Claim. Many of those allegations are vigorously disputed by the Defendants, but it is no part of my function on this application to give any indication about the strength or otherwise of the various defences.
The Facts
The Claimant's case can be shortly summarised. I repeat that what follows is taken from the Claimant's pleaded account of events only.
The Claimant was born on 17 March 1991 and was 27 years old in February 2019. He had developed mental health symptoms in early adulthood, in 2016 and 2017, and was detained under the MHA. He was diagnosed with schizophrenia and psychosis and required treatment in a psychiatric intensive care unit. His condition responded to anti-psychotic medication.
On the morning of 8 February 2019, the Claimant was arrested on suspicion of burglary and, at 10.04, was detained at Barnstaple police station. A risk assessment was conducted. It was recorded that the Claimant denied having any mental health problems but stated that he had been “ sectioned twice for psychosis, sectioned at North Devon District Hospital, Weston super Mare and Blackheath for 2–3 years.” He stated that he was “ given meds for his mental health but isn't currently medicated.” A police officer suggested that he needed to be seen by a Health Care Professional (“HCP”) and a mental health practitioner (“MHP”). He was seen by staff of the First Defendant, and by the Third Defendant's Senior Mental Health Nurse, Ms Carren Dennis, during the morning. Ms Dennis noted that he had been referred for a “ mental health crisis” and that he declined to engage.
On the afternoon of 8 February, it was recorded that the Claimant posed a risk of violent assault. During the afternoon he became increasingly agitated, irrational and paranoid. At 18.50 hours there was a confrontation between the Claimant and an officer during which she pushed him back into his cell. No medical review was sought during the afternoon and evening.
At 17.40 the Claimant asked to speak to his mother by telephone. He was agitated and delusional, saying she was not his “real mother”. The telephone call was cut off by the police. The Claimant's mother telephoned the police station and spoke to a Detention Officer to whom she reported that her son was having a psychotic episode. She told him of her concerns given his previous behaviour when psychotic.
At 21.57 hours the Claimant's mother telephoned the police station again and told an officer that the claimant had a history of being violent when unwell and said that she would have “grave concerns” should he be released.
At 02.00 hours on 9 February 2019, a police officer called the Claimant's mother and told her that he was going to be released. She remonstrated strongly with the officer, pointing out that it was the middle of the night, the Claimant was unwell, the temperature outside was low, the Claimant had nowhere to go and was a risk. At 02.42 the claimant was woken, charged with the offences of burglary and with criminal damage to his cell. His property was returned to him. That property did not include a mobile telephone.
At 02.47 a pre-release plan was recorded. It was noted that the Claimant had been reviewed by the HCP, who had no concerns, and had been seen by the MHP. It was noted that “ mother has phoned in stating that she has grave concerns if he is released as she feels this was how his mental health declined last time. Currently although he has displayed some strange behaviour whilst he's here, he has not caused me any immediate concerns for care on his release…(He) has positively engaged with me whilst here and has agreed to supported sleeping for the night.”
He was released on bail at 02.49 and taken to premises known as “The Freedom Centre”. After his release a police officer telephoned the Claimant's mother and told her his whereabouts. The Claimant left the Freedom Centre after about three hours and the night manager informed the police of that fact.
On the morning of 9 February 2019, the Claimant visited a small holding in the Barnstaple area where he released sheep and alpacas from their enclosure. When challenged, he asked the 84-year-old owner of the small holding if he was a paedophile and then attacked him with a long double-handed saw. Shortly thereafter, he was arrested on suspicion of causing grievous bodily harm. He was detained for a second time at Barnstaple Police Station.
In a risk assessment undertaken by a Custody Sergeant at 10.38 it was noted that the Claimant suffered from mental health problems. At 11.05 the Claimant tried to grab an officer's taser gun. He was restrained, taken to his cell, his clothing was cut from him and he was given a “self-harm suit”.
At the request of the police, HCP Allen Harness attended the Claimant in his cell. He noted the Claimant's past mental health history, his “ bizarre speech” and his “ uncooperative mood” and was unable to tell if the claimant was orientated to time and place, or to comment on his memory or concentration. He wrote “ attempt to deliberately misconstrue any attempts at conversation and refused to be seated to allow me entry into his cell”. He concluded he was fit to be detained, interviewed, transferred and charged, and that he did not require an appropriate adult.
The police contacted Ms Rebecca Ding, a mental health professional employed by the Third Defendant, who spoke to the Claimant by telephone at 14.40. Ms Ding indicated that the Claimant was agitated, paranoid and presenting with pressured speech. He was “thought-disordered” and lacked insight and presented a risk to the public. At 14.57 PS Samuel Davis noted in the detention log that the MHP had spoken to the Claimant and was intending to visit him in person. He noted that she was “ of opinion he will need a full MH assessment.” At 15.02 Ms Ding recorded her findings in the custody records. She called the Fourth Defendant “ to enquire if they would consider a MHAA without me having seen him in person…”
There were conversation over the following hour or so between the employees of the First, Second and Fourth Defendants concerning the arrangements necessary for a MHA assessment to be conducted on the Claimant. An employee of the Fourth Defendant was unwilling to provide the MHA assessment at Barnstable...
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Alexander Lewis-Ranwell v G4S Health Services (UK) Ltd
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