Facts: M had a long history of psychiatric treatment and attempted suicide. She was in hospital on a voluntary basis, although staff had noted that, if she attempted to leave, consideration should be given to detaining her. The hospital then allowed M home leave and, after a day, she hanged herself. The hospital admitted liability in negligence but disputed liability under Article 2 ECHR.

Judgment: the Supreme Court (Walker, Hale, Brown, Mance and Dyson JJSC) held that the hospital had been liable under Article 2 ECHR; it owed her an operational duty to take reasonable steps to protect her from a real and immediate risk of suicide because she had been admitted to hospital as a real suicide risk and was extremely vulnerable, the hospital had assumed responsibility for her and she was under its control. The Court of Appeal’s award of £5,000 to each parent seemed low but had not been appealed.

Comment: another example of the Court’s willingness to intervene in cases of health and social care when a core right under the ECHR in engaged, in this case, the right to life under Article 2 ECHR.