Article 2 Archives - The QMLR Archive

Article 2 Systemic Duty and a teenager under Community Mental Health Services

R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin) Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty had not been potentially engaged by the death of Kianna Patton. The facts Kianna had been found hanging aged 16 at a…

By Dominic Ruck Keene May 2, 2023Inquests, Issue 12Article 2

Inquests Issue 12

Article 2 and a Child Under a Care Order

R (Boyce) v HM Senior Coroner for Teeside and Hartlepool [2022] EWHC 107 (Admin) Mrs Justice Belcher upheld the Coroner’s decision that Article 2 was not engaged by the death of a 15 year old girl (Grace Peers) who died while in the care of Middlesborough Borough Council, who had placed…

By Dominic Ruck Keene May 2, 2023Inquests, Issue 12Article 2

Inquests Issue 11

Fresh Inquests

Mays v HM Senior Coroner for Kingston Upon Hull & East Riding of Yorkshire [2021] EWHC 3604 (Admin) Earl v HM Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) R (on the application of Ginn) v HM Senior Coroner for Inner London [2022] EWHC 28 (Admin) Three recent applications…

By Gideon Barth May 24, 2022Inquests, Issue 11Article 2, fresh inquest

Clinical negligence Issue 11

Psychosis, Operational Duty and Illegality

Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) In Traylor v Kent and Medway NHS Social Care Partnership Trust [2022] EWHC 260 (QB) the High Court considered the liability of an NHS Trust when a patient stabbed his daughter during a psychotic episode allegedly…

By Lucy McCann May 24, 2022Clinical negligence, Issue 11Article 2, illegality, operational duty

Inquests Issue 10

Withdrawal of Benefits, Article 2 and Inquests

Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin) Facts Ms Whiting had spinal conditions since her early twenties, which gave her back pain, required surgery, and regular painkillers. She also had a history of mental health problems (depression, drug dependence, and emotionally unstable personality disorder)…

By Alice Kuzmenko January 24, 2022Inquests, Issue 10Article 2, fresh inquest

Inquests Issue 10

When does the Article 2 Investigative Duty Arise?

R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin) Facts Tanya Morahan (“Tanya”) had a history of paranoid schizophrenia and harmful cocaine use. From mid-May 2018 she was an inpatient at a rehabilitation unit operated by the Trust. She was initially detained under s.3 of the Mental Health Act…

By Rajkiran Barhey January 24, 2022Inquests, Issue 10Article 2

Inquests Issue 8

Article 2 Inquests and Previous Criminal Proceedings

R (on the application of Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581 (Admin) The Facts Garnham J considered a judicial review of a refusal to resume an inquest into the death of Shana Grice, who had been murdered by her former boyfriend at her home…

By Dominic Ruck Keene April 15, 2021Inquests, Issue 8Article 2

Inquests Issue 7

Article 2 and Police Failings

R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Admin) Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively…

By Matthew Hill March 8, 2021Inquests, Issue 7Article 2, fresh inquest

Inquests Issue 7

Article 2 and the Provision of Healthcare

R (Maguire) v HM Senior Coroner for Blackpool [2020] EWCA Civ 738 Where Article 2 of the Convention is invoked to allege inadequate provision of healthcare by the state, recent Strasbourg and domestic authorities suggest an increasingly restrictive approach. An expansive approach The 2015 Chamber decision of the Fourth Section…

By Shaheen Rahman KC March 8, 2021Inquests, Issue 7Article 2, operational duty, systemic failure

Inquests Issue 5

Article 2 Inquests and Community-Based Psychiatric Patients

R (Lee) v HM Assistant Coroner for the City of Sunderland [2019] EWHC 3227 (Admin) This article originally appeared in Issue 5 (May 2020). It is now eight years since the Supreme Court found that the death of a voluntary mental health patient whilst on leave could engage the state’s…

By Jim Duffy May 1, 2020Inquests, Issue 5Article 2