4th – 5th February 2020
Appeal against the Order of Irwin LJ, Farbey J and HHJ Lucraft QC (sitting as a Judge of the High Court) (15 March 2019) that dismissed a claim for judicial review.
JM died in hospital of a perforated ulcer at the age of 52 on 22 February 2017. She had Down’s syndrome and moderate learning difficulties. By the time of her death, she suffered limited mobility, needing a wheelchair to move around outside.
She had lived for more than 20 years in a care home. A post-mortem concluded that her death was as a result of a perforated gastric ulcer with peritonitis and pneumonia. HM Senior Coroner for Blackpool and Fylde opened an inquest with a jury.
The proceedings sought to challenge two decisions made by the Coroner (1) the decision that Article 2 ECHR was not engaged (2) not to leave a determination of neglect to the jury.
Read the lower court Judgment.