You are here

SAVAGE v SOUTH ESSEX PARTNERSHIP NHS TRUST

13 January 2009

The approach to a public authority’s obligations under the European Convention on Human Rights 1950 art.2 adopted in Osman v United Kingdom (23452/94) (1999) 1 FLR 193 applied to a health authority’s obligations to prevent patients detained in hospital under the Mental Health Act 1983 s.3 from committing suicide. As well as requiring a health authority to employ competent staff and to adopt systems of work which would protect patients’ lives, art.2 imposed an “operational” obligation on health authorities and their staff to do all that could be reasonably expected to prevent the patient committing suicide, if they knew, or ought to have known, that a particular patient presented a real and immediate risk of suicide.

The appellant NHS trust appealed against a decision ([2007] EWCA Civ 1375, [2008] 1 WLR 1667) that it had a duty under the European Convention on Human Rights 1950 art.2 to prevent a patient (C) detained under the Mental Health Act 1983 s.3 from committin...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.