More On The Limited Reach Of Article 2 In Inquests

• Published date: 01 October 2021
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Health & Safety, Personal Injury
• Law Firm: Gatehouse Chambers
• Author: Ms Emma Zeb

If you practice extensively in inquests and in particular the more complex cases which involve the actions of state agencies who interacted with the deceased before their death, then you will be aware of the increase in arguments at PIR stage that Article 2 should be engaged. When Article 2 is engaged then the scope of the inquest will be expanded to examine 'in what circumstances' the deceased came by their death as opposed to a narrower Jamieson style inquest asking 'how' the deceased died.

In the recent case of Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin), [2021] All ER (D) 45 the Divisional Court declined to find that an arguable operational duty existed pursuant to Article 2 of the ECHR in respect of the decision making of the DWP around the deceased's benefits before she died. A factor that the family argued had contributed to her death.

The deceased, Ms Whiting was a 42 year old woman with a number of vulnerabilities in respect of her physical and mental health. Prior to her death she was in receipt of a number of state benefits, including Employment Support Allowance (ESA). As is usual for the receipt of ESA, Ms Whiting was required to attend a work capability assessment. She failed to do so and on 6 February 2017 the DWP wrote to inform her that her ESA would be stopped. On 21...