Alex Ustych in JR challenging police approach to manslaughter allegations in a clinical setting

Alex represented the successful defendant in Przybys v Chief Constable of Greater Manchester Police [2026] EWHC 1159 (Admin). Following a two-day hearing, Mr Justice Coppel dismissed a bereaved son’s claim that Greater Manchester Police acted irrationally and unlawfully in refusing to investigate his mother’s death in hospital.

The Claimant argued that it was unlawful for the police to ‘delegate’ its investigatory duty to the General Medical Council and/or the Coroner, by placing reliance (when refusing to investigate) on those institutions’ lack of concern about a death following medical treatment.

Coppel J, in rejecting this submission, concluded that: “It would be rational for a police force to adopt the position that it will not routinely investigate allegations of gross negligence manslaughter by medical treatment and only consider doing so where there is some support for the allegations from another authority which has looked at the case, such as the employer of the relevant doctor, the doctor’s regulator and/or the Coroner. It is, after all, very likely that another public body, with greater expertise in matters of medical treatment, will investigate a case which is serious enough to be capable of constituting gross negligence manslaughter.” (par. 32 (i)). Such an approach did not amount to illegitimate delegation of functions to other organisations, but a “legitimate, indeed sensible” position to take “in the face of manifold competing demands on its resources” (par. 32 (v)).

Alex has significant experience in judicial review claims following deaths, as well as in inquests.

Press coverage: Solicitors Journal