P v. Cheshire West and Chester Council [2014] UKSC 19

Court: Supreme Court of the United Kingdom

Facts: Hospital staff from the responsible NHS trust (P) allowed a voluntary psychiatric patient (M), known to be suicidal, to return home for two days. M committed suicide while at home. M’s parents claimed damages for negligence under the Law Reform (Miscellaneous Provisions) Act 1934 and for breach of Article 2 of the ECHR under section 7 of the Human Rights Act 1998.

Issue: Did P have a positive obligation under Article 2 of the ECHR to protect the life of a mentally ill patient who had not been detained under the Mental Health Act 1983?

Held: The Supreme Court allowed the appeal, ruling that P had an operational obligation under Article 2 to take reasonable steps to protect psychiatric patients from a real and immediate risk of suicide, even if they were informal patients. P breached this duty, resulting in an award of £5,000 each to the claimants.

Key Judicial Statement: Lord Dyson JSC stated, “The difference between M’s position and that of a hypothetical detained psychiatric patient is not larger than one of form.” This highlights that even voluntary patients are entitled to protection under Article 2 when there is a real and immediate risk to their life.

💡Leveluplaw: This case established that NHS trusts have an operational duty to protect the lives of informal psychiatric patients from suicide, thereby extending the application of Article 2 of the ECHR. It underscores the state's responsibility to ensure the safety of vulnerable individuals under its care, regardless of their legal status as patients.