Source: All England Reporter
Publisher Citation: [2009] All ER (D) 55 (Aug)
Neutral Citation: [2009] EWHC 1827 (QB)
Court: Queen's Bench Division, Manchester District Registry

Simon J

Representation Richard Francis QC and Nigel Poole (instructed by Pannone LLP) for the claimants.
  Monica Carss-Frisk QC and Jane Mulcahy (instructed by Hempsons) for the defendant.
Judgment Dates: 23 July 2009


Human rights - Right to life - Mental health patient - Voluntary patient - Claimants' daughter admitting herself as patient of mental health unit - Patient committing suicide whilst on leave from unit - Claimants bringing claims against hospital trust - Trust admitting mistake - Claimants settling claim - Human rights claim continued although out of time - Whether trust having operational obligation towards voluntary mental health patient - Whether trust breaching investigatory obligation - Whether claimants were victims - Whether time to be extended - European Convention on Human Rights, art 2 - .

The Case

Human rights Right to life. Queen's Bench Division, Manchester District Registry: A hospital trust did not owe a voluntary mental health patient an obligation under art 2 of the European Convention on Human Rights to take preventative operational measures to protect that patient's life. In contrast involuntary detained patients who were deprived of their personal liberty and other convention rights and could not choose their own treatment were owed such a duty.

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