Savage v South Essex Partnership NHS Foundation Trust & Anor

Savage v South Essex Partnership NHS Foundation Trust & Anor

The correct legal test for breach of Article 2 ECHR in the context of a suicide by a patient detained under section 3 of the Mental Health Act 1983 is the Osman test: whether the authorities knew or ought to have known of a real and immediate risk to life and failed to take reasonable measures to avoid that risk. It is not necessary to establish gross negligence. The position of a detained mental health patient is analogous to that of a prisoner for Article 2 purposes.

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
Civil Appeal / Appeal From Summary Judgment and Preliminary Issue Determination
Outcome
Appeal allowed
Legal Topics
Article 2 ECHR (right to Life), Mental Health Act Detention, State Liability for Deaths in Custody, Standard of Care in Hospital Deaths, Summary Judgment Procedure
Human Rights Law Medical Law Article 2 ECHR (right to Life) Mental Health Act Detention State Liability for Deaths in Custody Standard of Care in Hospital Deaths Summary Judgment Procedure

Case Brief

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Parties

Anna Savage

Claimant/appellant

South Essex Partnership NHS Foundation Trust

Defendant/respondent

MIND

Intervener

Procedural Posture

Civil Appeal / 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 patient detained under section 3 of the Mental Health Act 1983?
  2. 2 Is it necessary to establish gross negligence or is the Osman test sufficient?
  3. 3 Should the issue have been determined as a preliminary issue without a trial of facts?

Ratio Decidendi

The correct legal test for breach of Article 2 ECHR in the context of a suicide by a patient detained under section 3 of the Mental Health Act 1983 is the Osman test: whether the authorities knew or ought to have known of a real and immediate risk to life and failed to take reasonable measures to avoid that risk. It is not necessary to establish gross negligence. 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 order for summary judgment set aside
  • Action to proceed to trial