Allen, R (on the application of) v HM Coroner for Inner North London [2009] EWCA Civ 623 (25 June 2009)

Allen, R (on the application of) v HM Coroner for Inner North London [2009] EWCA Civ 623 (25 June 2009)

Article 2 ECHR was engaged because Mrs Allen died while detained by the state, but the inquest was sufficiently broad and effective to satisfy Article 2 requirements; the coroner investigated the central issues, and no further inquiry was required as the cause of death was natural and not contributed to by systemic or operational failures.

Citation
[2009] EWCA Civ 623
Parties
Appellant/claimant: Mr Ralph Allen; Respondent/defendant: HM Coroner for Inner North London; Interested Party: Camden and Islington Mental Health and Social Care NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Judicial Review (appeal) / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Article 2 ECHR, Scope of Inquest, Judicial Review, State's Investigative Obligation, Death in State Detention
Public Law Human Rights Law Coronial Law Article 2 ECHR Scope of Inquest Judicial Review State's Investigative Obligation Death in State Detention

Case Brief

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Parties

Mr Ralph Allen

Appellant/claimant

HM Coroner for Inner North London

Respondent/defendant

Camden and Islington Mental Health and Social Care NHS Foundation Trust

Interested Party

Procedural Posture

Judicial Review (appeal) / Appeal From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether Article 2 ECHR was engaged in the inquest into the death of a detained mental patient
  2. 2 Whether the inquest was sufficiently broad and effective to satisfy Article 2 requirements
  3. 3 Whether the coroner failed to investigate central issues relevant to the cause of death

Ratio Decidendi

Article 2 ECHR was engaged because Mrs Allen died while detained by the state, but the inquest was sufficiently broad and effective to satisfy Article 2 requirements; the coroner investigated the central issues, and no further inquiry was required as the cause of death was natural and not contributed to by systemic or operational failures.

Court Disposition

Appeal dismissed

Orders

  • Permission to apply for judicial review refused
  • No order for a fresh inquest