Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2

(1) The operational obligation under Article 2 can in principle be owed to a hospital patient who is mentally ill, but who is not detained under the MHA. (2) There was a 'real and immediate' risk to the patient's life of which the Trust knew or ought to have known and which it failed to take reasonable steps to avoid, so the obligation was breached. (3) The patient's parents were 'victims' within the meaning of Article 34 of the Convention. (4) They had not lost their victim status by settling a negligence claim, as (although it had in substance acknowledged its breach) the Trust had not made adequate redress. (5) The one-year limitation period in s7(5) HRA 1998 was extended becuase the extension was short, the Trust suffered no prejudice, the claimants acted reasonably in delaying, and there was a good claim. (6) The Court of Appeal's assessment of damages was upheld, and £5000 was awarded to each parent.

Other

Judgment: 8/2/12

Hearing: 7-9/11/11

Before: Lord Walker, Lady Hale, Lord Brown, Lord Mance, Lord Dyson

Appellants: Jenni Richards QC, Nigel Poole (Instructed by Pannone LLP)

Respondent: Monica Carss-Frisk QC, Jane Mulcahy (Instructed by Hempsons)

Interveners (INQUEST, JUSTICE, Liberty and Mind): Paul Bowen and Alison Pickup (Instructed by Bindmans LLP)

External link

...