Healthcare

Mental Health 2012 - Rabone - The Supreme Court Decision (3 of 3)

Posted by John Sheath on 14th March 2012

The eagerly awaited decision of the Supreme Court is now available. The full judgment (available at www.supremecourt.gov.uk) is 42 pages long and merits careful scrutiny. In this series, we are going to look at (1) the what, (2) the so what, and (3) the now what.

‘Now what’ does this decision mean for NHS Trusts in practice?

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Mental Health 2012 - Rabone - The Supreme Court Decision (2 of 3)

Posted by John Sheath on 13th March 2012

The eagerly awaited decision of the Supreme Court is now available. The full judgment (available at www.supremecourt.gov.uk) is 42 pages long and merits careful scrutiny. In this series, we are going to look at (1) the what, (2) the so what, and (3) the now what.

The facts were succinctly summarised by Lady Hale, see 1/3, and she added “So why, some might ask, are we here?” ‘So what’ does the decision mean?

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Mental Health 2012 - Rabone - The Supreme Court Decision (1 of 3)

Posted by John Sheath on 12th March 2012

The eagerly awaited decision of the Supreme Court is now available. The full judgment (available at www.supremecourt.gov.uk) is 42 pages long and merits careful scrutiny. In this series, we are going to look at (1) the what, (2) the so what, and (3) the now what.

The facts were succinctly summarised by Lady Hale, “A hospital trust in breach of its duty of care towards its patient allowed a young woman (MR) who was suffering from a severe depressive episode with psychotic symptoms and had been admitted a week earlier after a suicide attempt, to go home on leave for two days. The only support plan was the care of her parents who were not in favour of her being allowed home. The following day she hanged herself from a tree in a well-known local beauty spot, at last succeeding in the suicide which she had previously attempted and seriously threatened even more often. The hospital trust has admitted liability to her and paid a sum in compensation to her estate”.

‘What’ was the unanimous decision?

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Mental Health 2012 – Suicide Prevention Toolkit

Posted by John Sheath on 21st February 2012

The NPSA (National Patient Safety Agency) has launched a toolkit based on the NICE Guidelines on the Management and Prevention of Self-Harm 2004.

The National Confidential Inquiry into Suicide and Homicide found that between 1997-2008 there were 4,000 suicides in the UK each year but that 74% of those who took their own lives were not known to mental health services in the twelve months prior to death; 200,000 cases of self-harm are seen in hospital each year.

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2012 mental health - Rabone decision eagerly awaited

Posted by John Sheath on 24th January 2012

On 7 November 2011 the Supreme Court heard the appeal of the parents of MR, a voluntary patient who committed suicide while on home release from Stepping Hill Hospital in April 2005.

Following the Inquest (which returned a verdict of suicide) MR’s parents brought a claim for negligence and breaches of the Human Rights Act 1998. The negligence claim was settled in May 2008 but there remained an alleged breach of Article 2 ECHR.

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Chief Coroner post reinstated

Posted by John Sheath on 6th January 2012

Having announced in September 2011 that financial constraints would mean scrapping the appointment of a new Chief Coroner, the Justice Minister has now decided to review his decision having listened to concerns from protest groups including the Royal British Legion (whose desire is to promote the proper management of inquiries into military deaths).

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Detained Patients: Corporate Manslaughter Amendment Order

Posted by John Sheath on 8th November 2011

The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) came into force on 6 April 2008 except for the so called “custody” provisions. These are contained in Section 2(1)(d) and 2(2) of CMCHA and have now been brought into force from 1 September 2011. This means from that date an organisation can be convicted of a corporate manslaughter offence if the way in which its activities are managed or organised cause a person’s death and amount to a gross breach of the duty of care owed to the deceased by virtue of that person being held in custody.

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