Human rights

The Administrative Court, held that the Lord Chancellor’s Exceptional Funding Guidance (Inquests) was inadequate, incorporated an error of law and provided a materially misleading impression of what the law was. That was by virtue of the fact that there was no recognition that there was a category of case where the investigative duty under Art 2 of the European Convention on Human Rights arose irrespective of the existence of an arguable breach by the state. Those errors could lead to erroneous decision being taken by caseworkers.