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176: Significant Cases of 2022

Law Pod UK

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The Divisional Court's Judgment on the Suicide of a Mental Health Detainee

Appeals court upholds Divisional Court's judgment. They reaffirm that the operational duty is to protect against particular risks to life, not all risks. John says there was no history to suggest a real risk that Tanya Morahan would take her own life or suffer a drug overdose. The other thing about the appeals decision which I think needs some thinking about is that at Paragraph 49 it's not totally clear to me what they mean but they say that a voluntary patient at liberty to leave hospital is not going to be a case where there will be an automatic investigative obligation.

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