What is an Article 2 Inquest?

An Article 2 inquest will be held in cases where an individual has died whilst being in the custody of the state. Often this will be an inmate in a prison; a person detained under the Mental Health Act, or, in some cases, where a person is an informal patient within a psychiatric hospital.

Under Article 2(2) of the European Convention of Human Rights, the State has an obligation to refrain from the intentional killing and use of force which results in loss of life. Additionally, there is an obligation to take steps to safeguard the life of vulnerable individuals, especially where there is a recognised risk of suicide or harm to others. For these purposes the ‘State’ will also extend to organisations such as NHS hospitals, Trusts, and local authorities.

Where an individual has died and there are questions surrounding the involvement of the State and the lack of appropriate safeguarding for that individual, the Coroner will need to consider whether an Article 2 inquest is necessary.

Where an Article 2 inquest is held, the Coroner must carry out an enhanced investigation and look at the wider circumstances surrounding the death, rather simply determining when, where and how a person died. Specifically it will need to be considered whether the death was caused by any institutional or systemic failures, rather than an individual act of negligence or neglect.

If you have lost a loved one due to suspected medical negligence and require advice on bringing a claim for compensation and the inquest process then please do not hesitate to contact our medical negligence team for advice.