Allen, R (on the application of) v HM Coroner for Inner North London

Allen, R (on the application of) v HM Coroner for Inner North London

The Court held that Article 2 was engaged because Mrs Allen was a detained mental health patient, but the coroner's inquiry was sufficiently comprehensive and addressed the central issues. The criticisms raised did not reveal any arguable breach of Article 2 or inadequacy in the investigation. Therefore, the refusal to grant permission for judicial review was justified.

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 From Refusal of Permission to Apply for Judicial Review
Outcome
Appeal dismissed
Legal Topics
Article 2 ECHR, Scope of Inquest, Judicial Review of Coroner's Decision
Public Law Human Rights Law Coronial Law Article 2 ECHR Scope of Inquest Judicial Review of Coroner's Decision

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 From Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether Article 2 of the European Convention on Human Rights was engaged in the inquest into the death of a detained mental health patient
  2. 2 Whether the coroner's inquiry was sufficiently comprehensive to satisfy Article 2 obligations
  3. 3 Whether the refusal to grant permission for judicial review was justified

Ratio Decidendi

The Court held that Article 2 was engaged because Mrs Allen was a detained mental health patient, but the coroner's inquiry was sufficiently comprehensive and addressed the central issues. The criticisms raised did not reveal any arguable breach of Article 2 or inadequacy in the investigation. Therefore, the refusal to grant permission for judicial review was justified.

Court Disposition

Appeal dismissed

Orders

  • Permission to apply for judicial review refused