Experts in

Article 2 Inquests

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Funding options for inquests

Funding options

Depending on the circumstances, it may be possible to secure public funding for inquest representation, or if that is not available we may offer representation on a “no win-no fee basis”.

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What is an Article 2 inquest?

What is an Article 2 inquest?

Some inquests can be held under Article 2 of the European Convention of Human Rights (ECHR) – extending their scope beyond establishing who died and how, when and where they came by their death to also consider whether the state breached its duty of care to protect the deceased’s ‘right to life’.

This could be, for example, when an individual has died in police custody or in prison, or where concerns have been raised as to whether failings by state agents, such as errors made during investigations, have contributed to their death. This was the case when we represented the families of victims of serial killer Stephen Port.

Such cases are usually subject to independent investigations, such as the Independent Office for Police Conduct (IOPC), or through Serious Incident Reports at hospital trusts, the findings of which are often explored and discussed during inquest hearings.

Whilst Coroners are not permitted to determine civil or criminal liability, the process of questioning and their final determination and conclusion can prove supportive of future legal proceedings on behalf of families, such as civil claims for damages.

Victims of Stephen Port

Specialist Article 2 inquest solicitors

Specialist Article 2 inquest solicitors

Our team at Hudgell Solicitors are highly-experienced in representing families at Article 2 inquests, many of which have resulted in significant findings and conclusions, including police forces and mental health trusts being found to have failed in their duties.

In many cases we have made successfully made submissions to Coroners on behalf of families, setting out why we consider an Article 2 inquest to be required, ensuring we are able to investigate issues which may have contributed to their loved ones’ death in much greater detail.

When Article 2 inquests are held it is quite common for state bodies and organisations to face accusations of incompetence, neglect and substandard care, as was the case when we represented the family of 17-year-old Chelsea Blue Mooney, who died after making ligatures in her room at a secure psychiatric hospital.

Those facing allegations of failings are more often than not represented at inquests by legal teams who are employed to launch a firm defence of any suggestions they have breached their duty of care, and for that reason, the role of a specialist lawyer to support families at inquests involving the state is now needed more than ever,

Chelsea and her dad

Helping to prevent future deaths

Helping to prevent future deaths

Coroners have a duty to publish Regulation 28 Report ‘Prevention of Future Death Reports’ in cases where they believe action should be taken to prevent similar tragedies happening in the future.

Such reports are often made at the conclusion of Article 2 inquests into police related deaths, state custody deaths, deaths following clinical and medical procedures and mental health related deaths. They often lead to significant changes in protocol, local and national learning and training, and hopefully a safer society going forward.

Such a report was issued by the Senior Coroner for North Wales, John Gittins following the inquest into the death of former Welsh Assembly Member Carl Sargeant, in which he warned there was a real risk that future deaths would occur unless action was taken by the Welsh government.

Sargeant

Client stories

Client stories

Ensuring you get the compensation you deserve

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Victims of Stephen Port

Families of Stephen Port’s victims say gross misconduct investigation into Met Police officers must be ‘full and fearless’ and have ‘complete cooperation’

The Independent Office for Police Conduct (IOPC) has today confirmed it is investigating five current and three former Metropolitan Police Service (MPS) officers for gross misconduct. It comes as part of a re-investigation into how the deaths of Anthony Walgate, Gabriel Kovari, Daniel Whitworth and Jack Taylor were originally handled by the force. The four […]

Debbie Padley

‘My daughter should have been in hospital, not a cell’ – Inquest hears woman who died in custody may have survived had officers called for medical help

The mother of a 43-year-old woman who died when locked in a Kent Police station cell has welcomed a jury’s conclusion that police officers’ failure to ensure she was medically assessed may have cost her life. Mother-of-four Debbie Padley had been taken to Tonbridge Police Station’s custody suite following a domestic incident at her home […]

Chelsea Blue Mooney

Coroner says mental health hospital has ‘limited concern’ of vulnerable young patients using ligatures to self-harm following death of 17-year-old girl

A Coroner investigating the circumstances leading up to the death of a 17-year-old girl who was a patient at a mental health hospital says staff have “limited concern about the number of ligature incidents” on its ward and appear to have accepted them “as normal behaviour.” Abigail Combes, coroner for South Yorkshire has ordered Cygnet […]

The process of inquest representation

The process of inquest representation

Explained in five easy steps

Step 1

Free Initial Advice

Call us, request a callback or complete our online claim form and we will assess whether we think we can help you.

Start my claim

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Step 2

Apply For Funding

We will help you to decide how best to fund your claim and let you know if Legal Aid is available.

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Step 3

Disclosure

We will obtain relevant disclosure from the Coroner and any other relevant sources.

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Step 4

Submissions and hearing

We will make submissions to the Coroner/Chair with our views on the appropriate conclusions based on evidence revealed.

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Step 5

Verdict / Findings

At the conclusion of an inquest or Public Inquiry our legal team will review the findings and any recommendations, and advise as to further possible legal action and potential civil claims.

Start my claim

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Start your claim today

Feel free to give us a call or begin your claim online

Alternatively, call us now on 01482787771

Our client reviews

Our client reviews

We’re always committed to getting the optimum outcome for you.

My brother was the victim of quite a bad motorcycle accident where he was not at fault. Sadly he only held third party cover so whilst he was in hospital I was asked by him to find a solicitor to claim against the third party. After doing some research I chose Hudgell to help us (even tho Neil Hudgell is the owner of the dreaded Hull KR and I am a massive FC fan). INITIAL CONTACT I made contact by phone and this was a simple conversation. The member of staff was very friendly and extremely helpful. All the questions I had were dealt with and I was very happy with the outcome of the call. FOLLOWING INITAL CONTACT. Within half an hour of contacting Hudgell’s a senior manager made contact with me and discussed what would happen next. Again this was very personal and really helpful. After another half an hour Sam (my brother’s now solicitor) called me. We chatted about what had happened and what he was planning to do initially. Sam was really friendly and understanding. He put me at ease right away and explained everything clearly and directly answering all questions I had. Within a week of the claim being opened Sam and Laura (Chartered Legal Executive) visited my brother in hospital. They helped put him at ease immediately and talked through what would happen, what their objectives were and also but more importantly made my brother understand that they would do everything to help him in any way he needed. After this meeting in the hospital we were happy that this claim was in safe hands. Sam the Solicitor A very friendly chap who shoots from the hip and tells you a spade is a spade. A chap who doesn’t make promises he can’t keep. A really likable man who you would want to have a pint with and we did not always look at him as the solicitor. He kept us updated at all stages and was always contactable. I did have one heated conversation with Sam BUT this was a good thing. I say this because he is very passionate about his job sometimes when a third person (me) is acting on behalf of the victim (my brother) it can be a little hard at times to please everyone. He took all we threw at him and directed us really well. Sam thank you for all your hard work, your support and the outcome. Laura Chartered Legal Executive What can I say about Laura, an absolute gem this lady is. Professional, very committed to her job, compassionate, More than helpful, caring and really cared in my opinion about my brother and his recovery. Every contact we had with Laura was amazing. She is one of those people who puts you at ease right away. Laura dealt with every problem with put at her feet, every question we had she dealt with and if she could not answer there and then she would find the answers we needed. If we had a problem she would find a solution. Again always contactable and if she could not respond immediately to a call she would call back within the business day. Laura thank you for all your hard work, Thank you for being there when we were dealing with all the problems we had. Both Sam and yourself are a credit to your company and your profession. The service provided by Hudgell’s far exceeded what we expected. If you need the services Hudgell provides then I would highly recommend your choice of solicitors is this company.
5 Stars
Mark Fox
I was represented/instructed by Mobeena Salim, who was always available when i wanted to discuss my case, which was reassuring and comforting. We were able to pressure the defendants who eventually agreed to settle and this meant we did not have the drawn out court process! Overall, i am happy with the service, only criticism is that i feel we could have settled a higher amonut if we continued negotiations. Would use this firm again! Thanks for everything.
4 Stars
S C Williams
I am sorry but the person's name that dealt with me who was admin was Natasha - my name is definitely not Natalie but obviously it shows how much attention you pay to people's particulars and case details. So sorry not interested in your services - as previously mentioned when it comes to medical negligence, you are impersonal, inefficient and inaccurate. Also the comment went on TP on the 22nd March and you provided yet another generic response on the 2nd April.
1 Stars
Calista Harrison
It's taken eight months to find Hudgells Solicitors because my case is so sensitive I had to find the right firm and I also needed the courage to make that call. I made that call on Wednesday 27th March and spoke with Soniyar who has been friendly, kind, caring and understanding with such a difficult and delicate issue. She has explained the process in detail. Thank you so much
5 Stars
Caj Kciwner
Chris Trousdale was the one of the youngest miscarriages of justice victims as a result of the Post Office Horizon scandal.
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Reviews

FAQs

FAQs

What leads to an inquest being held under Article 2 of the European Convention on Human Rights?

In basic terms, Article 2 of the European Convention on Human Rights is invoked for inquests when somebody dies whose life the state knew, or should have known, was at risk, and appropriate action was not taken to protect them.

Often this relates to the death of somebody who has been held in custody, but also people who die whilst detained under the Mental Health Act for their protection.

Article 2 inquests can also be held in cases where the state or a private body may be implicated in a death, and not directly responsible.

This, for example, could be the result of an accident involving police officers, or to examine potential failings of organisations in caring for and protecting somebody known to them as being particularly vulnerable or at risk of harm.

Will the inquest be heard by a jury?

It is likely that an Article 2 inquests will be heard by a Coroner and a jury, although this is not in all cases.

An inquest must be held with a jury if a Coroner has reason to suspect the deceased died in state custody and the death was violent or unnatural, or the cause of death is unknown.

A Coroner will provide a detailed summary of the evidence heard during an inquest to the jury and direct them on the possible conclusions they can reach, dictated by law. He will ask them to see if they can reach a unanimous verdict before accepting a stated majority.

What conclusions can an inquest reach?

Aside from establishing who died, how they died, and when and where they died, a Coroner or Jury also has to reach a Conclusion about the death.

Conclusions include

  • Accidental death or misadventure.
  • Alcohol or drug related
  • Industrial disease.
  • Lawful or Unlawful killing.
  • Natural causes.
  • Open verdict.
  • Road traffic collision
  • Stillbirth
  • Suicide.

What is a narrative conclusion and why are they used at inquests?

It is common for a Coroner to give a ‘Narrative conclusion’ in Article 2 inquests as this gives them the opportunity to give a more descriptive conclusion and highlight factual findings, particularly if there is evidence of serious failings.

Such conclusions can often include references to inadequate and unsuitable processes, actions and failings, highlighting areas of concern and for future improvement. Such conclusions can often be supportive of potential civil claims on behalf of our clients.

Speak to one of our advisors

Alternatively, call us now on 01482787771

Meet our inquest lawyers

Our lawyers

Local lawyers at the heart of your community

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Terry Wilcox

Civil Liberties
Group Actions
Inquests
Inquests & Public Inquiries
Public Inquiry Representation
victoria richardson hudgell solicitors

Victoria Richardson

Civil Liberties
Group Actions
Criminal Injury
Inquests
Inquests & Public Inquiries
Public Inquiry Representation

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Feel free to give us a call or begin your claim online

Alternatively, call us now on 01482787771

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Article 2 Inquests

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