ECHR Article 2: investigations into mental health incidents

Advice on investigations into serious incidents in mental health services to satisfy Article 2, European Convention on Human Rights (ECHR).



This guidance is for NHS organisations deciding whether to carry out an independent investigation to satisfy the state’s obligations under Article 2 of the European Convention on Human Rights. NHS bodies implicated in serious incidents may be considered ‘state agents’ for the purposes of Article 2.

The procedures to be followed when managing a serious incident are set out in the NHS England Serious Incident Framework – Supporting learning to prevent recurrence.

This document, when read together with the framework, replaces the Department of Health guidance ‘Independent investigations of adverse events in mental health services’, published in 2005.

Published 5 November 2015