HM Senior Coroner for Sefton Knowsley and St Helens v Michael Kay & Ors
[2024] EWHC 1366 (Admin)
Margaret Hunter v HM Assistant Coroner for County Durham and Darlington
20 February 2024
[2024] EWHC 1275 (Admin)
High Court
A coroner's report on a suicide didn't fully explain the deceased's low mood. Her parents argued it should mention the abusive relationship she'd experienced. The court agreed and corrected the report to reflect the abuse, providing closure for the family.
Key Facts
- •Roisin Hunter Bennett died by suicide on March 16, 2022, after self-hanging on March 7, 2022.
- •Her parents (Claimants) challenged the wording of the coroner's Record of Inquest regarding the cause of her low mood.
- •The coroner's initial Record of Inquest cited 'low mood due to the ending of a relationship and the pressure of balancing work and studying for examinations'.
- •Claimants argued it should state 'an emotionally abusive relationship' reflecting evidence presented during the inquest.
- •Evidence showed Roisin was in an emotionally abusive relationship that ended shortly before her death, with continued abusive messages from her ex-partner.
- •The coroner admitted overlooking the abusive nature of the relationship in the Record of Inquest summary.
- •Both parties agreed to amend the Record of Inquest to reflect the abusive relationship as a contributing factor.
Legal Principles
A Record of Inquest can only be amended significantly by a High Court decision via judicial review.
None explicitly stated, but implied throughout the judgment.
The court reviews documentation and makes an order if satisfied it should be made in consent order cases under CPR PD 54A, paragraph 16.2.
CPR PD 54A, paragraph 16.2
Relevant case law on amending Records of Inquest: R (Mowlem plc) v Avon Deputy Assistant Coroner [2005] EWHC 1359 Admin and Ministry of Defence v HM Coroner for Wiltshire & Swindon [2006] EWHC 309 Admin.
R (Mowlem plc) v Avon Deputy Assistant Coroner [2005] EWHC 1359 Admin; Ministry of Defence v HM Coroner for Wiltshire & Swindon [2006] EWHC 309 Admin
Outcomes
The claim for judicial review succeeded.
The Record of Inquest was amended to accurately reflect the evidence and the coroner's findings regarding the emotionally abusive relationship.
The wording in box 3 of the Record of Inquest was amended to replace 'ending of a relationship and the pressure of balancing work and studying for examinations' with 'an emotionally abusive relationship'.
This amendment accurately reflected the evidence presented during the inquest and the coroner's findings.
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