Joy Dove v HM Assistant Coroner for Teesside and Hartlepool & Anor

Joy Dove v HM Assistant Coroner for Teesside and Hartlepool & Anor

A fresh Jamieson inquest is desirable in the interests of justice due to new psychiatric evidence (Dr Turner) establishing a likely causal link between the Department's abrupt cessation of benefits and Jodey Whiting's mental health deterioration leading to suicide. The coroner at a new inquest may consider whether to record this as a factual finding or narrative conclusion. No Article 2 operational duty was owed by the Department as the criteria for such a duty were not met on the facts.

Parties
Appellant: Joy Dove; First Respondent: HM Assistant Coroner for Teesside and Hartlepool; Second Respondent: Dr Shareen Rahman; Interested Party: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
17 March 2023
Procedural Posture
Civil Appeal / Appeal From High Court (divisional Court) to Court of Appeal
Outcome
Appeal allowed in part; fresh inquest ordered on ground 1; appeal dismissed on ground 2.
Legal Topics
Fresh Inquest, Article 2 ECHR, Causation in Inquests, Scope of Inquest, Operational Duty, Mental Health and Suicide, Public Interest
Administrative Law Human Rights Law Coronial Law Fresh Inquest Article 2 ECHR Causation in Inquests Scope of Inquest Operational Duty +2 more

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Parties

Joy Dove

Appellant

HM Assistant Coroner for Teesside and Hartlepool

First Respondent

Dr Shareen Rahman

Second Respondent

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court (divisional Court) to Court of Appeal

Legal Issues

  1. 1 Whether fresh evidence justifies a new inquest into Jodey Whiting's death under s 13 Coroners Act 1988
  2. 2 Whether the Department for Work and Pensions owed an Article 2 operational duty to Jodey Whiting
  3. 3 Whether the Department's actions contributed to Jodey Whiting's mental health deterioration and suicide

Ratio Decidendi

A fresh Jamieson inquest is desirable in the interests of justice due to new psychiatric evidence (Dr Turner) establishing a likely causal link between the Department's abrupt cessation of benefits and Jodey Whiting's mental health deterioration leading to suicide. The coroner at a new inquest may consider whether to record this as a factual finding or narrative conclusion. No Article 2 operational duty was owed by the Department as the criteria for such a duty were not met on the facts.

Court Disposition

Appeal allowed in part; fresh inquest ordered on ground 1; appeal dismissed on ground 2.

Orders

  • A fresh Jamieson inquest to be conducted by a different coroner to consider how Jodey Whiting came by her death.
  • Appeal on Article 2 ground dismissed.