Matthew Flinn is representing Ms Milner, a lifelong friend of Mrs Casey, who was an elderly patient with dementia residing in a care home from 2013 with Deprivation of Liberty Safeguards in place. Mrs Milner had increasing concerns about the care that Mrs Casey was receiving, and following a report from a whistle-blower, the Care Quality Commission inspected the care home in mid-2017 and a safeguarding investigation found that there had been neglect in the care of Mrs Casey (amongst other failings). She sadly died in late 2017.
Claims were brought under Articles 2 and 3 of the European Convention on Human Rights, and the Defendant applied to strike out the claim, in part on the basis that Ms Milner did not qualify as an “indirect victim” and so lacked standing to bring proceedings.
Following a lengthy hearing on 15th February (Milner v Barchester Healthcare Homes Limited  EWHC (QB)), Master Davison concluded that Ms Milner’s relationship to Mrs Casey was akin to a mother and daughter relationship, and it appeared that she did have standing to bring claims under both Article 2 and Article 3. He concluded that it could not be established that alleged mistreatment put Mrs Casey at “real and immediate” risk of death, but found the claim of degrading treatment under Article 3 a proper matter to proceed to trial.
Matthew is instructed by Emma Jones and Beatrice Morgan at Leigh Day.