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Maguire, R (on the application of) v His Majesty's Senior Coroner for Blackpool & Fylde & Anor
Smart Summary
Factual and Procedural Background
Individual A, an adult with significant physical and cognitive disabilities, had lived in a care home since the early 1990s. In April 2016 the local authority (“The Council”) issued a Standard Authorisation under Schedule A1 of the Mental Capacity Act 2005, lawfully depriving Individual A of liberty so that care-home staff could manage all aspects of her daily welfare, including medical decisions. On 21–22 February 2017 Individual A developed severe gastric symptoms that rapidly progressed to sepsis. Care-home staff, acting on clinical advice, decided not to transfer her to hospital on 21 February. She was eventually taken to The Hospital on 22 February but died that evening from a perforated gastric ulcer with peritonitis and pneumonia.
An inquest was opened. The Coroner ruled on 29 June 2018 that Article 2 of the European Convention on Human Rights (“ECHR”) did not require an expanded (jury) verdict because there was no arguable breach of the State’s substantive obligations to protect life. The family appealed. The present judgment is a concurring opinion agreeing that the appeal should be dismissed.
Legal Issues Presented
- Whether, on the facts known or that ought to have been known on 21 February 2017, the State (through care-home staff and healthcare providers) owed and breached an operational duty under Article 2 ECHR to take preventive measures—specifically, to sedate or restrain Individual A and transfer her to hospital.
- Consequently, whether the Coroner erred in concluding that Article 2’s enhanced procedural obligation was not engaged and that an expanded verdict was unnecessary.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent |
Rule or Principle Cited For |
Application by the Court |
| Osman v United Kingdom, 29 EHRR 245 |
Established the State’s operational duty to protect life when a “real and immediate” risk is or should be known. |
Used as the central test for determining whether an operational duty arose in this case. |
| Rabone v Pennine Care NHS Trust [2012] 2 AC 72 |
Confirmed that the operational duty can arise in healthcare and detention-like settings. |
Cited to illustrate circumstances in which medical providers owe an Article 2 operational duty. |
| In re Officer L [2007] 1 WLR 2135 |
Clarified that a “real and immediate” risk must be objectively verified and present & continuing. |
Relied upon to emphasise the high threshold for triggering the operational duty. |
| Van Colle v Chief Constable of Hertfordshire Police [2009] AC 225 |
Rejected adding additional gloss to the Osman test; affirmed its clarity. |
Quoted to caution against lowering or re-wording the established threshold. |
| McCann v United Kingdom, 21 EHRR 97 |
Example of circumstances where the enhanced procedural obligation automatically applies (state use of lethal force). |
Contrasted with the present medical-care context to explain why an automatic expanded verdict was not required. |
Court's Reasoning and Analysis
Judge Stephens concurred with Judge Sales’ comprehensive judgment. The court reaffirmed that:
- The operational duty under Article 2 arises only where authorities know or ought to know of a real and immediate risk to life.
- On 21 February 2017 care-home staff and healthcare professionals did not possess, nor should they reasonably have possessed, knowledge of such a risk to Individual A’s life. Accordingly, the high Osman threshold was not met.
- The decision not to transfer Individual A to hospital on 21 February, although tragic in hindsight, did not constitute an arguable breach of either the operational duty or the separate systems duty.
- Because no arguable breach existed, Article 2’s enhanced procedural obligation was not triggered. The Coroner therefore acted lawfully in declining to require an expanded verdict.
- Judge Stephens cautioned against introducing a domestic “gloss” on the Strasbourg jurisprudence by substituting phrases like “particularly clear and pressing” for the established “real and immediate” test.
Holding and Implications
Appeal Dismissed.
The Coroner’s decision stands; no expanded Article 2 verdict is required. The ruling confirms the high threshold for engaging the State’s operational duty in healthcare settings and underscores that ordinary clinical negligence does not automatically invoke Article 2’s enhanced procedural requirements. No new precedent is set, but the judgment clarifies the correct application of existing Strasbourg principles within coronial proceedings.
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