Jurisdiction(s):
United Kingdom

R (Maguire) [2023] UKSC: Article 2 Inquests Narrowed—Systems and Operational Duties, DoLS, and Adequacy of Jamieson Conclusions plus Civil Negligence Claims (England and Wales)

Published on: 07 July 2023

Published by a LexisNexis Public Law expert

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Article summary

Facts

Jackie Maguire, aged 52, had Down’s syndrome, a moderate learning disability, and cyclothymic personality disorder. She had resided in the care home from 1993. On 22 February 2017, she tragically died due to pneumonia, a perforated gastric ulcer, and peritonitis. After hearing the inquest evidence, the coroner ruled that the enhanced procedural obligation under Article 2 ECHR was not engaged, so there was neither a requirement nor a power to instruct the jury to reach an expanded conclusion. The jury therefore returned a brief Jamieson-style finding of natural causes.

Court of Appeal

Hill Dickinson’s article 'R (Muriel Maguire) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 1232' explains the Court of Appeal’s view that her ‘total dependence’ under DoLS was not equivalent to state detention. It further confirms that a series of individual mistakes by healthcare professionals does not, of itself, trigger Article 2 ECHR unless those shortcomings amount to systemic failings.

Article 2

The Supreme Court examined both the systemic and operational duties arising under Article 2 ECHR.

Systemic duty

Under Article 2 ECHR, the state must establish suitable administrative frameworks and safeguards to protect the public at large. The Supreme Court agreed with...

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