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Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died

The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.

39 Essex Chambers said the case concerned the inquest into the death of Jackie Maguire, who was deprived of her liberty in a residential care home under a standard authorisation granted by her local authority.

She died following days of being unwell after repeated failures to take her to hospital or have her examined by a doctor, the set said.

The coroner at the inquest into her death ruled that Article 2 ECHR was not engaged because, following the case of R (Parkinson) v HM Senior Coroner for Kent [2018] EWHC 1501 (Admin), Jackie’s was a medical case rather than one of systemic failings: as such the article 2 operational obligation did not apply.

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Jackie’s mother, Muriel Maguire, challenged this outcome by way of judicial review before a Divisional Court and then the Court of Appeal in Maguire, R (on the opplication of) v HM Senior Coroner for Blackpool & Fylde & Ors [2020] EWCA Civ 738.

The appellant, Mrs Maguire, is represented by Jenni Richards QC and Nicola Kohn of 39 Essex Chambers, instructed by Anna Thwaites and Joanna Bennett at Bindmans LLP.

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