Lord Burnett, the Lord Chief Justice’s lead judgment, in R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738, may have particular relevance in light of the devastating impact of COVID-19 on thousands of care home residents.
The court dismissed the appeal. The case concerned an inquest into the death of Jacqueline Maguire, a care home resident with Down’s syndrome, who died of natural causes.
Emma Price, barrister at 5 Essex Court, said: ‘The decision is likely to be a very significant one for coroners and practitioners in coronial, mental health and healthcare law (NHS Figures suggest that about 200,000 applications are made for DoLS per year, about half of which are granted), especially in the light of the significant number of deaths of those in care homes in the course of the COVID-19 pandemic.
‘The headline to take away from the Court of Appeal’s decision is that the operational duty to protect life under Art 2 is not owed to those in a vulnerable position in care homes for all purposes. In the event of a death which follows either alleged failures or inadequate interventions by medical professionals, there are “very exceptional circumstances” which can give rise to a breach of the operational duty under Art 2, but there was no evidence that such circumstances existed in Jacqueline Maguire’s case.’
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