Suicide remains a major cause of premature death in the UK. September is Suicide Prevention Month, a campaign which strives to increase public awareness and understanding of suicide and its impact. It is important for employers to remember that their duties under UK health and safety law include an obligation to do whatever is reasonably practicable to protect people from the risk of harm that they may cause to themselves.
A recent case involving NHS Grampian serves as a timely reminder of the importance of managing the risk of suicide, particularly in the health and social care sector. In August 2024, NHS Grampian was fined £64,500 after pleading guilty to breaches of the Health and Safety at Work etc. Act 1974, after a patient, Mr Mulsant, committed suicide while in Royal Cornhill Hospital, Aberdeen.
After being admitted to the hospital, Mr Mulsant absconded from the ward on two separate occasions, resulting in him being placed under constant supervision, and being clinically assessed as at significant risk of suicide or self-harm. In its investigation into Mr Mulsant's death, the HSE concluded that NHS Grampian had failed to adequately manage the risks which he posed to his own health and safety. It was reasonably foreseeable that Mr Mulsant was at risk of harming himself, and NHS Grampian was therefore under an obligation to take reasonably practicable steps to ensure that this harm did not materialise.
NHS Grampian pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc. Act 1974. When passing sentence, the Court made it clear that Mr Mulsant's family, "ought reasonably to have been able to assume Mr Mulsant was safe from the risk he otherwise posed to himself" and that his tragic death was, "clearly preventable."
Legal Duties
Section 3 of the 1974 Act imposes an obligation on employers to ensure, so far as is reasonably practicable, that the public are not exposed to risks to their health and safety. This duty is particularly relevant in health and social care settings, where care providers are entrusted with the wellbeing of often vulnerable patients, and therefore must take adequate steps to ensure they are not exposed to risks from others, or themselves.
Employers' duties under health and safety law apply just as much to the prevention of self-inflicted harm as they do to harm arising from workplace accidents. Breaches of duty which result in suicide will be taken very seriously by the courts.
What is or is not reasonably practicable will vary depending on the particular circumstances of a case. Good practice in suicide and self-harm prevention will vary between sectors and, particularly in this area, there can be no "one size fits all" approach. One constant, however, is the increased likelihood of harm occurring when dealing with someone who might harm themselves. Not only does a greater risk of harm translate into a higher level of fine in the event of a prosecution, more importantly it reinforces the need to constantly reassess the suitability and sufficiency of the measures in place to prevent that harm occurring in the first place.
Suicide Prevention month provides an opportunity for any organisation that supports vulnerable individuals to reflect on the tragic circumstances of the death of Mr Mulsant and the consequences for NHS Grampian, and to consider what more they can do, and what proactive changes they can implement, to further protect the health and safety of the people in their care.
If you require any further information on this topic, please contact Malcolm Gunnyeon, or your usual Brodies contact.
