#law #negligence #tort
The claim in Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2 was brought by the parents of a girl who committed suicide. She had been admitted to hospital following a suicide attempt and, despite her parents’ concern that her condition was not improving, the hospital allowed her two days’ home leave during which she committed suicide. Her parents brought an action in their own right for breach of Article 2 ECHR (the right to life) which imposes a duty on a public authority towards a person under their control to protect them from a real and immediate risk to life. Although the victim was a voluntary patient she was extremely vulnerable, the hospital had assumed responsibility for her, and could and should have stopped her leaving. The court found that there was a real risk which increased over the two days’ home leave, which was sufficient to make it an immediate risk. The hospital knew/should have known of this risk, and no reasonable psychiatric doctor would have let her go. The parents were therefore successful in their action and were awarded £5000 damages each.
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