Article 2 Inquests

An Article 2 inquest is a special types of inquest which takes place in cases where an arm of the State is involved in a death.

Named after Article 2 of the European Convention on Human Rights, Article 2 inquests oblige signatory states to protect the right to life and prohibits the intentional deprivation of life.

Sometimes called “Middleton Inquests”, Article 2 inquests differ from other inquests in that the last of the four questions an inquest must answer is modified slightly.

Just as in standard inquests, an Article 2 inquest will seek to establish who the deceased is; where they died; and how they came by the death. However, in place of the final question “how did the deceased come by their death?”, Article 2 inquests ask “by what means and in what circumstances did the person die?”

The consequences of this final question being broader can be significant. Because of this, Article 2 inquests are commonly described as “enhanced” inquests.

The following types of death will commonly result in an Article 2 inquest:

• Deaths in state custody such as in prison, police cells, immigration detention centres, or while detained under the Mental Health Act.
• Deaths involving state agents, such as deaths involving police officers, army personnel, or prison staff. These include deaths in police shootings and in collisions with police vehicles.
• Deaths involving potential breaches of the ‘Osman Duty’ by public bodies. These are when a public body which knew (or ought to have known) of a “real and an immediate risk” to a person’s life failed take reasonable steps to prevent a death.
• Deaths caused by system failures in state institutions, such as flawed policies or systems in a hospital; inadequate medical care in prison; failures in mental health care leading to a self-inflicted death.

How our expert Article 2 inquest lawyers can help

Hickman & Rose specialise in acting in Article 2 inquests and have been involved in many of the most significant of these matters in recent years.

While it is not compulsory for anyone involved in an Article 2 inquest to obtain professional legal representation, this is strongly recommended. Very often, the State body / individual involved in an Article 2 inquest will have their own legal representation. In some cases, there may be many state bodies / individuals, each of with their own set of lawyers.

Unlike other inquests, public funding (Legal Aid) is generally available to pay for the legal representation of bereaved families in Article 2 inquests.