The Public and Third Sector Law Reports
[2012] PTSR 497
Supreme Court
Rabone and another v Pennine Care NHS Trust (INQUEST and others intervening)
[2012] UKSC 2
2011 Nov 7,
8,
9;
2012 Feb 8
Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Brown of Eaton-under-Heywood, Lord Mance, Lord Dyson JJSC
Human rights— Life— Breach— Voluntary psychiatric patient committing suicide having been allowed to leave hospital when at real and immediate risk of death by suicide— Action by parents against NHS trust for breach of patient’s Convention right to life— Proceedings issued after statutory one-year time limit had elapsed— Whether trust under positive obligation to take preventative operational measures to protect life of voluntary psychiatric patient— Whether settlement of negligence claim depriving parents of “victim” status— Whether appropriate to extend time— Whether award of £5,000 damages appropriate—
Human Rights Act 1998 (c 42), s 7, Sch 1, Pt I, art 2