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Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died
The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.
- Details
39 Essex Chambers said the case concerned the inquest into the death of Jackie Maguire, who was deprived of her liberty in a residential care home under a standard authorisation granted by her local authority.
She died following days of being unwell after repeated failures to take her to hospital or have her examined by a doctor, the set said.
The coroner at the inquest into her death ruled that Article 2 ECHR was not engaged because, following the case of R (Parkinson) v HM Senior Coroner for Kent [2018] EWHC 1501 (Admin), Jackie’s was a medical case rather than one of systemic failings: as such the article 2 operational obligation did not apply.
Jackie’s mother, Muriel Maguire, challenged this outcome by way of judicial review before a Divisional Court and then the Court of Appeal in Maguire, R (on the opplication of) v HM Senior Coroner for Blackpool & Fylde & Ors [2020] EWCA Civ 738.
The appellant, Mrs Maguire, is represented by Jenni Richards QC and Nicola Kohn of 39 Essex Chambers, instructed by Anna Thwaites and Joanna Bennett at Bindmans LLP.
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