Must the family be told? Genetic information and liability for non-disclosure to relatives – 1 Crown Office Row

Posted January 9th, 2018 in disclosure, families, health, hospitals, human rights, news by sally

‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’

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1 Crown Office Row, 9th January 2018