Savage v South Essex Partnership NHS Foundation Trust & Anor [2007] EWCA Civ 1375 (21 December 2007)

Savage v South Essex Partnership NHS Foundation Trust & Anor [2007] EWCA Civ 1375 (21 December 2007)

The correct legal test for breach of Article 2 ECHR in the context of a suicide by a detained mental health patient is the Osman test: whether the authorities knew or ought to have known of a real and immediate risk to the individual's life and failed to take reasonable measures to avoid that risk. It is not necessary to establish gross negligence or a higher threshold. The position of a detained mental health patient is analogous to that of a prisoner for Article 2 purposes.

Citation
[2007] EWCA Civ 1375
Parties
Claimant/appellant: Anna Savage; Defendant/respondent: South Essex Partnership NHS Foundation Trust; Intervener: MIND
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Appeal (civil) / Appeal From Summary Judgment and Preliminary Issue Determination
Outcome
Appeal allowed
Legal Topics
Article 2 ECHR (right to Life), Human Rights Act 1998, Mental Health Act 1983, State Liability for Deaths in Detention, Standard of Care in Psychiatric Detention
Human Rights Law Medical Law Mental Health Law Article 2 ECHR (right to Life) Human Rights Act 1998 Mental Health Act 1983 State Liability for Deaths in Detention Standard of Care in Psychiatric Detention

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Parties

Anna Savage

Claimant/appellant

South Essex Partnership NHS Foundation Trust

Defendant/respondent

MIND

Intervener

Procedural Posture

Appeal (civil) / Appeal From Summary Judgment and Preliminary Issue Determination

Legal Issues

  1. 1 What is the correct legal test for breach of Article 2 ECHR in the context of a suicide by a detained mental health patient?
  2. 2 Does the standard require gross negligence or is the Osman test sufficient?
  3. 3 Is there a distinction between detained mental health patients and prisoners for Article 2 purposes?

Ratio Decidendi

The correct legal test for breach of Article 2 ECHR in the context of a suicide by a detained mental health patient is the Osman test: whether the authorities knew or ought to have known of a real and immediate risk to the individual's life and failed to take reasonable measures to avoid that risk. It is not necessary to establish gross negligence or a higher threshold. The position of a detained mental health patient is analogous to that of a prisoner for Article 2 purposes.

Court Disposition

Appeal allowed

Orders

  • Declaration and summary judgment for the Trust set aside
  • Action to proceed to trial