THE FAMILY of a psychiatric patient who died while under the care of Runwell Hospital have won a landmark victory in their battle for compensation.

The House of Lords decreed the South Essex Partnership NHS Foundation Trust, which runs the mental health hospital, failed to protect Carol Savage’s human right to life.

Paranoid schizophrenic Mrs Savage, 50, of Rookery Close, Rayleigh, was allowed to leave the hospital in a heavily-sedated state in July 2004.

She walked two miles to Wickford station where she committed suicide by throwing herself under a train.

In the aftermath of Mrs Savage’s death, her daughter, Anna Savage, issued a claim for compensation against the trust saying it had failed to provide insufficient care for her mother.

In December 2006, a High Court judge dismissed the claim on the basis Ms Savage would have to prove there had been “gross negligence” on the part of the hospital authorities.

However, in December last year the Court of Appeal overturned that ruling and allowed an appeal by Ms Savage. The trust then appealed against the Court of Appeal ruling.

It was this appeal on which the law lords gave judgment yesterday.

They ruled where there is a real and immediate risk of a patient detained in a psychiatric hospital committing suicide, the right to life provisions of the Human Rights Act apply.

This obligates health authorities to do “all that can reasonably be expected of them” to prevent the patient committing suicide.

Five law lords backed the family’s claim, paving the way for them to seek substantial compensation in the High Court.

Following the ruling, Ms Savage, from East Harling, Norfolk, said: “Carol was a big part of our lives.

“We are all still devastated by the horrific circumstances of her death.

“Our family hopes our case will go on to help other families avoid what we have been through the past four years and finally see truth and justice for Carol – a mother, wife, daughter and sister truly loved, who is no longer with us.”

Carol Savage was admitted as an inpatient to Runwell Hospital three months before she killed herself.

She had a history of trying to abscond from the facility.

Maxine Forrest, spokesman for the South Essex Partnership Trust, said: “The decision brings to an end a long period of uncertainty as to whether the Human Rights Act would apply in these circumstances.

“The claim brought by Carol Savage can now proceed to a trial of the substantive issues.

“The trust wishes to extend its sympathy to the family who have suffered a great loss.”