The Article 2 "Osman" operational obligation to protect life applied to detained patients, but not to the claimant who was an informal patient on leave from the hospital at the time she committed suicide. [Caution.]

Related judgments

Rabone v Pennine Care NHS Foundation Trust (2012) UKSC 2, (2012) MHLO 6

• Rabone v Pennine Care NHS Trust (2010) EWCA Civ 698
  • Rabone v Pennine Care NHS Trust (2009) EWHC 1827 (QB)

Issues

39. In a written document prepared after the hearing the parties agreed that the following issues arose for consideration:

(1)

a) Whether the Trust had an operational obligation under article 2 of the HRA in light of the fact that Melanie was a voluntary mental patient who was not detained under the Mental Health Act; [No.]

b) If not, whether Melanie should nevertheless be regarded as being detained at the time of Dr Meagher's decision on 19 April 2005? [No.]

(2) If there is an affirmative answer to either of (1)(a) or (b), whether the test of 'a real and immediate risk to life' is satisfied? [No - real but not immediate.]

(3) Whether there was a 'systemic' breach of article 2? [No.]

(4) Whether 'serious negligence', in the sense of a collective failure to provide protection to Melanie, amounted to a breach of article 2? [Serious negligence would not be sufficient; no finding on the facts.]

(5) In relation to any substantive breaches of article 2, whether it was causatively linked to Melanie's death? [Yes.]

(6) Was there an actionable breach of an investigatory obligation under article 2 by the Trust? [No.]

(7) Whether the Claimants are victims for the purpose of s.7(7) of the HRA? [No.]

(8) Whether it is equitable to extend time for bringing the claim under s.7(5) of the HRA in relation to the operational and systemic claims? [No.]

(9) Whether, if an actionable breach of article 2 were established, the Claimants should be awarded damages or some other remedy? [£1,500 per claimant.]

External link

Bailii

Brief summary on the Blackstone Chambers website