(Admissibility) The claimant said that her transfer from her existing care home to another care home would reduce her life expectancy.
Held: A badly managed transfer of elderly residents of a care home might have a negative impact on their life expectancy as a result of the general frailty and resistance to change of older people. It followed that article 2 was ‘applicable’. The operational duty was, therefore, capable of being owed in such circumstances. However this claim failed on the facts.
Judges:
Giovanni Bonello, President
Citations:
53586/09, [2010] ECHR 793, (2010) 51 EHRR SE5, (2010) 51 EHRR 66
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – 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 . .
Cited – Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others Admn 27-Apr-2022
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 28 April 2022; Ref: scu.416299
