At the end of last year, we reported on a judicial review which was given permission to proceed.


Fiona McNelis
Fiona McNelis
Senior Associate Solicitor & Head of Public Law, Civil

The judicial review hearing took place on 12th February 2020 and the Court granted relief to the effect that the inquest verdict be quashed and a new inquest take place before a different Coroner. 

The Court held that the Coroner was wrong not to put the issue of neglect before the jury at the inquest especially in light of a Prevention of Future Deaths report sent by the Coroner to one of the Trusts involved.  The Prevention of Future Deaths report indicated the matters of concern to be:

  1. the failure to arrange consultation between the mental health doctors and the doctors responsible for her physical health.

  2. the failure to provide suitable or adequate care for her needs.

  3. the failure to provide appropriate care at the Centre.

The Court held that it was unfortunate that the Coroner did not provide any explanation as to why neglect was not put to the jury bearing in mind submissions made to him on this point.  As a result, the inquest was flawed. 

The Court also felt that it could not substitute the verdict as the issue of neglect was one for the jury and not something that the Court could second guess.

We now await the details of the Coroner who will hear this inquest and arrangements for the new inquest to take place. 

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