Losing a loved one is an incredibly upsetting and distressing time for any family and can be even more so when that death becomes the subject of inquest proceedings.
In this post, Serious Injury Solicitor Abagail Clarke sets out the purpose of inquest proceedings generally, together with the distinction between Article 2 and non-Article 2 inquests. She also covers why a coroner may determine an inquest should be subject to Article 2.
What is Article 2?
This is a reference to Article 2 of the Human Rights Act 1998. Article 2 sets out the Right to Life and is intended to protect that right.
Article 2 dictates that the Government should take appropriate measures to safeguard life by making laws to protect you and, in some circumstances, by taking steps to protect you if your life is at risk.
More detailed information on Article 2 can be found here: https://www.equalityhumanrights.com/human-rights/human-rights-act/article-2-right-life
Inquests
When a death is referred to a coroner and inquest proceedings are commenced, the default position is that the inquest is not subject to Article 2.
This means that the inquest will be conducted with a view to establishing:
Who was the deceased?
AND
Where did they die?
When did they die?
How did they die?
It is standard, however, throughout the duration of proceedings for the coroner to consider whether and if Article 2 should be engaged. This is because, whilst an inquest may start out as non-Article 2, evidence may be produced at a later stage that suggests that its status should be changed. The reasons why this might happen are set out below.
Article 2 – what, when and why?
An Article 2 inquest allows the coroner to conduct a broader investigation into the death than is otherwise permitted in a standard inquest. It is when there are concerns about systemic failings or breaches of the state's duty to protect life. The types of death which invoke Article 2 include, but are not limited to, those where someone has perhaps died in State Custody (e.g. prison) or where they are under the care of a Hospital or Community Trust at the time of death. It is often a broader public interest concern. This means that the scope is widened to allow the coroner to investigate the death with a view to establishing:
Who was the deceased?
Where did they die?
When did they die?
How did they die?
AND
IN WHAT CIRCUMSTANCES
A coroner can decide that Article 2 should be engaged in an inquest at any time during proceedings. The decision to engage will be made where the evidence suggests that the state has failed in its obligation to protect life, failed to take steps to protect life, or both.
As a result, Article 2 inquests are generally more complex, involving the investigation of considerably more evidence and the questioning of witnesses, to determine whether the state has breached Article 2.
You can find further details on what to expect during an inquest in our blog here: https://rotherabray.co.uk/what-happens-at-a-coroners-inquest/
What to do if Article 2 is engaged in an inquest
Inquests can be emotionally draining, even where Article 2 is not engaged. They are complex and, at times, can be very triggering for the loved ones of the deceased, particularly when hearing evidence about their treatment.
It is therefore always recommended that any family facing inquest proceedings should instruct a specialist inquest solicitor, to ensure that the process is conducted correctly, and that the death is investigated as thoroughly as possible.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
