If your loved one has died whilst under the care of a Mental Health services, you will want to know why they were not kept safe by those entrusted to look after them.
Whether your loved one died under a formal mental health section, they were being treated voluntarily or were under the care of community mental health services, it is likely that the Coroner will hold an Inquest if the death was unnatural. In certain cases, the Coroner may determine that the Inquest ought to be an Article 2 Inquest.
An Article 2 inquest is an enhanced investigation in England and Wales held when the state is potentially implicated in a death, ensuring compliance with the European Convention on Human Rights, specifically the “right to life”. Along with the “who, how, when, and where” the person died, an Article 2 inquest also looks at the broader circumstances of the death and aim to prevent future deaths. The “how” question becomes “how and in what circumstances” did the deceased come by their death. This tends to be a more thorough and wider investigation into the circumstances of someone’s death.
There are a variety of reasons that the Coroner may hold an Article 2 inquest, including where:
- a patient has absconded from a unit because they were not observed properly or the unit was not appropriately secure, which ultimately resulted in their death
- the death occurred on a ward or in a unit due to failures in properly assessing their risk level ,or through issues with frequency or quality of observations
- the death arose from misdiagnosis or inappropriate treatment
- another patient’s conduct or violence caused the death
- there was an apparent suicide or unnatural death whilst detained
- there were issues with medication, for example inappropriate prescriptions or drugs.
How can we help?
Our dedicated solicitors are well versed in the inquest process and have represented families in a number of mental health related cases.
Their experience in this area means that they know what to look for when reviewing the often-large volumes of medical and psychiatric records, drug charts and witness statements from various health professionals.
We understand that this is a distressing time for you, but our specialist solicitors will guide you with care through the inquest process, clearly explaining to you what is happening at each stage.
Should your circumstances deem it necessary, we can help you to challenge the Coroner’s decisions – for example, if an inquest was not held.
Our solicitors can also continue to work with you following an inquest to advise you on bringing a claim against mental health organisations or bodies, where appropriate.
If you need inquest representation and don’t know where to start, please contact us today to discuss your circumstances and we will advise you on the next steps.
