Supreme Court to hear Human Rights Act claim against NHS Trust

18 November 2010

The Supreme Court has given permission to the Claimants to appeal in the case of Rabone-v-Pennine Care NHS Trust [2010] EWCA  Civ 698.

This important case concerns the obligation of public health authorities to protect the lives of patients who are at a real and immediate risk of suicide.

In Savage-v-South Essex NHS Trust [2008] EKHL the Court held that such an obligation was owed under Article 2 of the European Convention on Human Rights in respect of patients detained under the Mental Health Act 1983.

In Rabone the Supreme Court will consider whether the same obligation is held in respect of non-detained patients who are at risk.

Nigel Poole represents the Claimants. The case will be heard in 2011. More to follow.