The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life.
Held: The decision in Savage related to a detained patient. The fact that the claimant’s daughter was not a detained patient did alter the Trust’s duties. Article 2 does not impose upon the state an operational obligation towards all persons who are at ‘real and immediate risk’ of death, and health trusts do not have the article 2 operational obligation to voluntary patients in hospital, who are suffering from physical or mental illness, even where there is a ‘real and immediate’ risk of death.
Had there been a duty found, the earlier settlement had provided an adequate remedy.
Judges:
Rix, Stanley Burnton, Jackson LJJ
Citations:
[2010] EWCA Civ 698, [2010] WLR (D) 152, [2011] 3 WLR 603, [2011] QB 1019, (2010) 115 BMLR 191, [2010] Inquest LR 105, [2011] PTSR 1028, [2010] Med LR 376, [2010] MHLR 413, [2010] PIQR Q4
Links:
Statutes:
Human Rights Act 1998 7, European Convention on Human Rights 2, Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976, Mental Health Act 1983
Jurisdiction:
England and Wales
Citing:
Appeal from – Rabone and Another v Pennine Care NHS Trust QBD 23-Jul-2009
The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – LCB v United Kingdom ECHR 9-Jun-1998
The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored . .
Cited – Powell v United Kingdom ECHR 4-May-2000
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Kilinc And Others v Turkey ECHR 7-Jun-2005
kilinc_turkeyECHR05
A state authority may have a positive obligation to prevent foreseeable suicides amongst conscripts to its armed forces. . .
Cited – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL 25-Jun-1998
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Cited – Ataman v Turkey ECHR 27-Apr-2006
The Court set out the need to supervise soldiers to whom weapons were entrusted and to prevent suicides. Since the carrying of weapons was involved, the authorities could be expected to show particular diligence and adopt a suitable system for . .
Cited – Renolde v France ECHR 16-Oct-2008
A prisoner with mental health problems committed suicide during pre-trial detention. It was said that the state had infringed his article 2 right.
Held: The court noted the vulnerability of persons in custody, especially those who were . .
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Caraher v The United Kingdom ECHR 11-Jan-2000
The applicant sought compensation for the killing of her husband by soldiers in Northern Ireland. She had previously brought a claim against the Ministry of Defence for aggravated damages in respect of the same matter. That claim had been settled . .
Cited by:
Appeal from – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Health, Personal Injury, Negligence
Updated: 19 August 2022; Ref: scu.417086