Gill Edwards considers why Rabone is a landmark human rights decision
Rabone & another (Appellants) v Pennine Care NHS Trust (Respondent) [2012] UKSC 2, [2012] All ER (D) 59 (Feb) involved Art 2 of the European Convention on Human Rights (the Convention), the most fundamental of human rights that states: “Everyone’s right to life shall be protected by law.” By extending the obligations placed on the state by Art 2 to vulnerable non-detained psychiatric patients, the Supreme Court has given such patients much needed protection. It has also provided a previously non-existent legal remedy to parents who suffer the agony of losing an adult child in such circumstances.
Rabone: the facts
On 11 April 2005, 24-year-old Melanie Rabone agreed to voluntary admission to Stepping Hill Hospital having made repeated attempts to commit suicide while suffering from severe depression. The plan was to assess her for detention if she attempted or demanded to leave. She remained an in-patient until 19 April 2005 when, despite her parents’ reservations, she was granted home leave with her parents for two nights. The defendant trust
