MAK v United Kingdom [2010]

The ECtHR has ruled that the taking of blood samples and photographs by medical authorities in the absence of the parents’ consent, even in circumstances where there is justifi ed suspicion of abuse of a child by his/her parents, violates the child’s and parents’ rights to respect for their private and family life under Article 8.

Southall v GMC [2010]

In this case, the Court of Appeal held that the GMC’s FTP Panel had provided inadequate reasons for fi nding that consultant paediatrician Dr David Southall was guilty of serious professional misconduct and should be removed from the register of medical practitioners. The CA referred the case back to the GMC. Dr Southall’s name was returned to the GMC’s medical register, pending the GMC’s decision whether to conduct a re-hearing of his charges before a fresh panel. The GMC has agreed not to investigate Dr Southall again, and plans to convene an “experts group” to reassure the paediatric profession about what is expected from professionals.

Savage v South Essex Partnership NHS Foundation Trust [2010]

Mr Justice Mackay set a new precedent by issuing a declaration that South Essex Partnership NHS Foundation Trust had violated its positive obligation under Article 2 of the ECHR to protect the life of Carol Savage. She was a patient with a long history of mental illness who absconded from hospital in July 2004 and committed suicide by jumping in front of a moving train. This case is expected to extend the application of the positive obligation under Article 2 ECHR to all health authorities and hospital staff. Mr Mackay also awarded the patient’s daughter £10k in damages as a symbolic acknowledgement that she was a victim under section 7 of the HRA.