The claim was taken against her employer, Durham County Council, the Tees Esk and Wear Valley NHS Trust and Northumberland Tyne and Wear NHS Foundation Trust. The case against the two NHS Trusts was initially dismissed by Newcastle County Court on the grounds that they did not owe Ms Selwood a duty of care, but she was given leave to appeal. The Court of Appeal accepted it was arguable that the two NHS Trusts did owe her a duty of care based on their responsibilities under an agreed protocol. The UNISON public services union supported her case and she later settled a claim for compensation out of court.