Human rights—Right to life—Mental health patient

16 February 2012

Issue: 7501 / Categories: Case law , Law reports , In Court

Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2, [2012] All ER (D) 59 (Feb)

Supreme Court, Lord Walker, Lady Hale, Lord Brown, Lord Mance and Lord Dyson SCJJ, 8 Feb 2012

The operational obligation under Art 2 of the European Convention on Human Rights (the Convention) can be owed to a hospital patient who is mentally ill, but who is not detained under the Mental Health Act 1983 (MeHA 1983).

Jenni Richards QC and Nigel Poole (instructed by Pannone LLP) for the claimants. Monica Carss-Frisk QC and Jane Mulcahy (instructed by Hempsons) for the trust. Paul Bowen and Alison Pickup (instructed by Bindmans LLP) for the interveners.

In April 2005, M, the 24-year-old daughter of the claimants, committed suicide. At the time of the suicide, M was on two days’ home leave from hospital, where she was undergoing treatment for a depressive disorder as an informal patient. M had been admitted to the hospital as an emergency following a suicide attempt and was assessed

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Human rights—Right to life—Mental health patient

Rabone and another v Pennine Care NHS Foundation Trust [2012] UKSC 2, [2012] All ER (D) 59 (Feb)

Supreme Court, Lord Walker, Lady Hale, Lord Brown, Lord Mance and Lord Dyson SCJJ, 8 Feb 2012

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Taylor Rose—nine promotions

Leadership strengthened across core practice areas with nine new partners

Fieldfisher—Rebecca Maxwell

Real estate team welcomes partner inBirmingham

Ward Hadaway—14 trainee solicitors

Firm strengthens commitment to nurturing future legal talent

NEWS

Read All

NLJ this week: AI, liberty & the digital cage

Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ

NLJ this week: Leasehold reform in limbo

Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ

NLJ this week: Enforcement reform gets real

Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors

NLJ this week: Standish reshapes family & inheritance claims

Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975

NLJ this week: Clearing Christine Keeler’s name

In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'

Error message

Human rights—Right to life—Mental health patient

MOVERS & SHAKERS

Taylor Rose—nine promotions

Fieldfisher—Rebecca Maxwell

Ward Hadaway—14 trainee solicitors