On Santa’s wish list: when does the operational duty of Article 2 inquests apply to deaths of patients in the community?

We now have the court’s decision in R (Lee) v HM Assistant Coroner for Sunderland. If you were hoping for a clear view to this vexed question – then, be prepared for disappointment. In short, it will always depend on the facts of the case. 

The case of Rabone v Pennine Care NHS Foundation remains well established authority that Article 2 of the European Convention of Human Rights can be engaged in the context of the death of a patient who is admitted to hospital voluntarily for mental health problems – and not detained under the Mental Health Act. But what are the implications for practitioners of this new decision ? Head over to our friends at Serjeants’ Inn where Bridget Dolan QC has written a very readable blog post.

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