Maguire & Ors , R (On the Application Of) v The Assistant Coroner for West Yorkshire (Eastern Area)

Maguire & Ors , R (On the Application Of) v The Assistant Coroner for West Yorkshire (Eastern Area)

The Assistant Coroner's decision not to call the interviewed pupils as witnesses was not irrational or unlawful. He was entitled to conclude that the risk of harm to former pupils outweighed the small benefit their oral evidence might provide, given that relevant information could be extracted from police interviews and that the evidence of a handful of former pupils would not be representative of the student body. The decision was within the range of reasonable responses open to him.

Parties
Claimant: Donald Maguire; Claimant: Kerry-Ann Maguire; Claimant: Emma-Jane Maguire; Claimant: Andrew Poole; Claimant: Daniel Poole; Defendant: The Assistant Coroner for West Yorkshire (Eastern Area); Interested Party: William Cornick; Interested Party: Leeds City Council; Interested Party: West Yorkshire Police; Interested Party: Leeds Safeguarding Children Board
Jurisdiction
England and Wales
Judgment Date
14 August 2017
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Scope of Inquest, Judicial Review of Coroner's Decision, Article 2 ECHR, Witness Evidence, Procedural Fairness
Administrative Law Coronial Law Human Rights Scope of Inquest Judicial Review of Coroner's Decision Article 2 ECHR Witness Evidence Procedural Fairness

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Parties

Donald Maguire

Claimant

Kerry-Ann Maguire

Claimant

Emma-Jane Maguire

Claimant

Andrew Poole

Claimant

Daniel Poole

Claimant

The Assistant Coroner for West Yorkshire (Eastern Area)

Defendant

William Cornick

Interested Party

Leeds City Council

Interested Party

West Yorkshire Police

Interested Party

Leeds Safeguarding Children Board

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Assistant Coroner's decision not to call former pupils as witnesses at the inquest was lawful
  2. 2 Whether the decision was irrational, unfair, or failed to take into account relevant matters

Ratio Decidendi

The Assistant Coroner's decision not to call the interviewed pupils as witnesses was not irrational or unlawful. He was entitled to conclude that the risk of harm to former pupils outweighed the small benefit their oral evidence might provide, given that relevant information could be extracted from police interviews and that the evidence of a handful of former pupils would not be representative of the student body. The decision was within the range of reasonable responses open to him.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review dismissed
  • Permission to appeal refused