Article 2 In The Context Of Lapses In Care And Treatment

• Jurisdiction: European Union
• Published date: 12 April 2023
• Subject Matter: Litigation, Mediation & Arbitration, Food, Drugs, Healthcare, Life Sciences, Trials & Appeals & Compensation
• Law Firm: Weightmans
• Author: Mr Dewi Ap-Thomas
• topic: Health Law,Civil Procedure,Social Security

This update explores the circumstances and potential consequences of a recent Court of Appeal decision following an inquest hearing.

Dove v HM Assistant Coroner for Teesside and Hartlepool & Anor [2023] EWCA Civ 289 (17 March 2023) considered the relevance of the conduct of governmental organisations when considering how an individual came by their death. However, it also serves as a timely reminder that individual errors in the provision of care and treatment generally do not trigger Article 2 inquests, the relevant tests for which were set out most notably in Rabone [2012] UKSC 2, although there is no sure guide to when the duty will be engaged and the courts are often asked to consider the relevant principles.

Facts of the case

Jodey Whiting was a 42 year old with a medical history including depression, drug dependence and emotionally unstable personality disorder and who passed away on 24 May 2017 as a result of an overdose of prescription medication. Shortly before this, on 07 February 2017, the Department for Work and Pensions had ceased payments of her Employment & Support Allowance (ESA). The decision was taken after the DWP had determined that Jodey had not shown "good cause" for failing to attend a Healthcare Personnel ("HCP") appointment the previous day. This was despite Jodey suffering from pneumonia at the time and due consideration not being given to the mental health conditions of which the...