The Law Reports (Queen's Bench Division)
[2011] QB 1019
Court of Appeal
Rabone and another v Pennine Care NHS Trust
[2010] EWCA Civ 698
2010 May 25,
26;
June 21
Rix, Stanley Burnton, Jackson LJJ
Human rights— Life— Breach— Voluntary mental patient committing suicide having been allowed to leave hospital when at real and immediate risk of death— Action by parents against NHS trust for breach of patient’s Convention right to life— Whether NHS trust under positive obligation to take preventive operational measures to protect life of voluntary mental patient— Whether breach of obligation to investigate death— Whether settlement of negligence claim depriving parents of “victim” status—
Human Rights Act 1998 (c 42), s 7, Sch 1, Pt I, art 2