R (on the application of Maguire) v His Majesty’s Senior Coroner for Blackpool & Fylde and another
[2023] UKSC 20
Gary Parkin, R (on the application of) v His Majesty’s Assistant Coroner for Inner London (East)
28 March 2024
[2024] EWHC 744 (Admin)
High Court
A woman died in a house fire. Her son sued, saying the government should have done more to help her because she was at risk. The judge said the government tried to help but the woman refused and made her own choices, so they weren't responsible for her death.
Key Facts
- •Mrs. Rosslyn Wolff (74) died in a house fire on January 11, 2022.
- •The fire's probable cause was unsafe smoking materials.
- •Her son, Mr. Gary Parkin, argued that public authorities' failings contributed to her death, engaging Article 2 ECHR.
- •The Assistant Coroner rejected Mr. Parkin's application for an Article 2 inquest.
- •Mrs. Wolff had a history of self-neglect, hoarding, and diabetes, and resisted help from authorities.
- •Multiple agencies (social services, healthcare trust, fire brigade) had prior interactions with Mrs. Wolff.
- •Concerns about fire risk due to hoarding and smoking were documented, but a fire assessment may not have been completed.
- •Mrs. Wolff was deemed to have capacity and refused interventions.
Legal Principles
Article 2 ECHR protects the right to life, imposing negative, positive, and investigative duties.
R (Morahan) v West London Assistant Coroner [2021] QB 1205 (DC)
Section 5(2) Coroners and Justice Act 2009 mandates ascertaining circumstances of death to avoid Convention rights breaches.
Coroners and Justice Act 2009, section 5(2)
For an Article 2 inquest, it must be arguable that a public authority breached a substantive Article 2 duty.
R (AP) v HM Coroner for Worcestershire [2011] EWHC 1453 and Morahan
The positive duty to protect life includes a systems duty and an operational duty; the latter requires a real and immediate risk to life.
Rabone v Pennine Care NHS Trust [2012] 2 AC 72
For the operational duty, factors include assumption of responsibility, victim vulnerability, and the nature of the risk.
Rabone
The operational duty standard is reasonableness, considering circumstances, ease of precautions, available resources, and personal autonomy.
Rabone
In Article 2 challenges to coroners, the High Court applies heightened scrutiny, effectively a merits review.
R (Skelton) v West Sussex Senior Coroner [2021] QB 525
Outcomes
Mr. Parkin's claim for judicial review was dismissed.
The court found no arguable breach of the Article 2 operational duty. While a real and immediate risk of death from fire existed, the state did not assume responsibility for Mrs. Wolff's safety, and her actions were considered autonomous choices.
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