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.

CASES DATABASE

Full judgment: BAILII

Subject(s):

Date: 12/9/19🔍

Court: High Court (Administrative Court)🔍

Judge(s):

Parties:

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

Judicial history:

Cites:

Citation number(s):

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Published: 30/7/20 14:19

Cached: 2020-08-03 14:19:01