R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)

Article 2 inquests and community patients The coroner had decided that Article 2 was not engaged in this case, which involved the death of a community patient who was not subject to the MHA. (1) In relation to the operational duty, the coroner's decision had focussed almost exclusively on the question of responsibility rather than the "threefold factors of assumed responsibility, vulnerability and risk" set out in the Rabone case. The matter was remitted to the coroner for reconsideration. (2) The grounds which related to systemic failures were unarguable.

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 100, December 2019)

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Full judgment: BAILII

Subject(s):

• Inquest cases🔍 See Inquests for background information

Date: 12/9/19🔍

Court: High Court (Administrative Court)🔍

Judicial history:

• Re Lee [2019] MHLO 73 (Coroner)
• R (Lee) v HM Assistant Coroner for Sunderland [2019] EWHC 3227 (Admin)

Cites:

• Rabone v Pennine Care NHS Foundation Trust [2012] UKSC 2

Judge(s):

• Mark Raeside🔍

Parties:

• Rhona Marie Lee🔍
• HM Assistant Coroner for Sunderland🔍
• City Hospitals Sunderland Foundation Trust🔍
• Cumbria Northumberland Tyne and Wear NHS Trust🔍
• Sunderland City Council🔍

Citation number(s):

• [2019] EWHC 3227 (Admin)^B

What links here:

• Inquests
• Re Lee [2019] MHLO 73 (Coroner)

Published: 30/7/20 14:19

Cached: 2024-04-18 23:32:55