0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Cook v Bradford Community Health NHS Trust, Court of Appeal, 23 October 2002

30 October 2002
The issues

Health Care Assistant – psychiatric hospital – assault by patient.

The facts

The Claimant was a Healthcare Assistant who worked in the seclusion suite at a psychiatric hospital. She worked there for about 6 months. The suite consisted of rooms with doors leading onto a single corridor. Access to the corridor was through a locked door. One end of the corridor was a toilet with washing facilities. The patient had been placed in “open seclusion” in the suite. The patient suffered from Paranoid Schizophrenia and was unstable, unpredictable and dangerous, frequently being violent. Two Healthcare Assistants were required to be with the patient at all times.

In June 1998, he punched another patient in the face, which was the reason he was taken to the seclusion suite. After several periods of sedation and sleep, the Claimant came on duty and went to see if the two Healthcare Assistants watching the Patient needed refreshments. She was told it was safe to enter by the Healthcare Assistants. Whilst there, the patient asked to use the toilet. He was allowed to go out by the Healthcare Assistants, and whilst doing so, he punched the Claimant hard in the face. She suffered a psychiatric injury. The Judge at first instance found for the Claimant.

The Defendant appealed.

The decision

1. The patient was a clearly foreseeable risk at all times.

2. The Trust had a duty of care not to place the Claimant in a position of foreseeable risk.

3. Once the Patient was allowed to leave the room, the risk of an attack increased.

4. All that needed to have been done was for the Claimant to have been asked to leave. The working system was negligent.

It would have been different if the Patient had attacked one of the two Healthcare Assistants observing the Patient. The Claimant’s function at the time was different to theirs. She had to be in the suite before the patient left his room and not afterwards.

Appeal dismissed.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up