Is a review of Article 2 application in inquests on the horizon?
The Supreme Court has granted permission to appeal the decision of the Court of Appeal in the case of Jacqueline Maguire v HM Senior Coroner for Blackpool and Fylde in which the Coroner ruled that Article 2 of the European Convention on Human Rights (the right to life) was not engaged.
The Supreme Court has granted permission to appeal the decision of the Court of Appeal in the case of Jacqueline Maguire v HM Senior Coroner for Blackpool and Fylde in which the Coroner ruled that Article 2 of the European Convention on Human Rights (the right to life) was not engaged.
Background
The case involved a 52-year-old lady, Jackie Maguire, who lacked the mental capacity to make decisions regarding her health, welfare and living arrangements. Jackie had lived in a residential care home since 1993 and was subject to Deprivation of Liberty Safeguards. On 22 February 2017, Jackie died from a perforated gastric ulcer after becoming ill two days before. It was alleged that there were a number of failures to provide Jackie with basic medical attention by those responsible for her care.
Case History
At the inquest into Jackie’s death, the Coroner ruled that Article 2 of the ECHR had not been engaged after considering the case of R (Parkinson) v HM Senior Coroner for Kent. The reasons for this decision were that the allegations against Jackie’s carers were those of individual negligence which Parkinson confirmed fell outside the scope of Article 2.
This outcome was challenged by Jackie’s mother who brought a Judicial Review on the basis that the Coroner had been wrong to reach the conclusion that Article 2 did not apply. This application was dismissed. Jackie’s mother subsequently appealed to the Court of Appeal with the appeal also being dismissed.
An application was made to the Supreme Court for permission to appeal and this was granted on 23 February 2022.
Significance
The application of Article 2 remains an area that is frequently encountered during coronial proceedings and whilst we do not have full details of this appeal yet, there is the possibility that this could be a significant decision in relation to that application.
The appeal has not yet been listed and we will report further on this case in due course.
Related expertise
You may be interested in...
Opinion
Plans to amend NHS pension rules to bolster NHS workforce approved by government
Opinion
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
Legal Update
Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023
Legal Update
HXA and YXA failure to remove cases: Key considerations in anticipation of the Supreme Court judgment
Published Article
Thinking outside the box
Legal Update
Cauda Equina Syndrome and application of the new GIRFT pathway
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
On-Demand
Future of Care - Retirement Living webinar
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
On-Demand
Environmental, social and governance (ESG) in the context of retirement living
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Online Event
Mock Inquest Training Sessions
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.