High Court judge quashes determination of coroner not to hold Article 2 investigation

[Alison J Stevens]

https://www.localgovernmentlawyer.co.uk/child-protection/392-childr...

So a Child dies while in care of the Local Authority care and a High Court Judge quashes the determination of the Coroner not to hold a article 2 investigation into how the child died.

The Court Judgement can be read by clicking on the link below,

Pembrook County Council were involved in these Court Proceedings, as well as mental health agencies.

https://www.bailii.org/ew/cases/EWHC/Admin/2022/1377.html

The Childs Mother put in the following issues in her statement to appeal.

Her mother sought to challenge the coroner's ruling dated 8 August 2021 to the effect that the inquest into Kianna's death will not investigate in what circumstances she came by her death, pursuant to section 5(2) of the Coroners and Justice Act 2009, because the procedural investigative duty contained in Article 2 of the European Convention on Human Rights did not arise.

On 24 November 2021 she was granted permission on all her three grounds by Upper Tribunal Judge Grubb, sitting as a judge of the High Court.

Kianna’s mother advanced the following three grounds:

1. The coroner erred in law in concluding that the council did not owe a duty to provide Kianna with accommodation under section 76(1)(c) of the Social Services and Well-being (Wales) Act 2014;
2. The coroner failed to provide adequate reasons for the finding that no obligation to provide accommodation to Kianna arose under section 76(3) of the 2014 Act; and
3. His decision that section 5(2) of the Coroners and Justice Act 2009 was not engaged was in breach of section 6 of the Human Rights Act 1998.