Inquests and Article 2 ECHR: What are the State’s investigative responsibilities when someone dies in State detention or custody?

When someone dies while in the care or custody of the State, whether in prison, hospital, immigration detention, or following contact with the police, their family is often left with urgent and painful questions: how did this happen, could it have been prevented, and will anyone be held accountable?

In situations like these, Article 2 of the European Convention on Human Rights, ‘the right to life’ and its incorporation into UK law via the Human Rights Act, is important because it both outlines the prohibition on the State unlawfully taking life, and also requires the State to carry out a full and proper investigation into a death, particularly where its own agents may be involved.

What is an Article 2 Inquest?

An inquest is a fact-finding inquiry held when someone dies in circumstances that are sudden, violent, unnatural, or where the cause of death is unknown. In its standard form, an inquest seeks to determine four key facts: who the deceased was, when and where they died, and how the death occurred. For non-Article 2 inquests, the "how" question is typically limited to identifying the medical cause of death.

However, where Article 2 is engaged, the inquest must go further. The fourth question, "how", is expanded to ask "in what circumstances" the person died. This broader approach means the inquest should examine the wider context, including whether the police or other state bodies contributed to the death, or failed to take reasonable steps that might have prevented it.

When Should Article 2 Be Engaged?

There are circumstances in which Article 2 is deemed to be automatically engaged in an inquest, for example where a death occurs in police custody. Article 2 may also be engaged in an inquest in circumstances where the State has arguably breached its substantive obligation, for example by failing to protect someone from a real and immediate risk to life, or through actions (or inaction) that directly caused or contributed to the death.

It is common practice for coroners to request submissions on whether the Interested Persons consider Article 2 to be engaged. This area of law is complex, and even in cases where the State has interacted with a person before their death, coroners may not rule that Article 2 is engaged. The complexity of this issue makes early legal support not just helpful, but often essential for families seeking answers about their loved ones.

Why is Article 2 engagement in an inquest so important?

When Article 2 is engaged in an inquest, families are likely to benefit from:

• A better chance of securing legal aid. Article 2 engagement increases the likelihood that a bereaved family will qualify for Legal Aid, even where they might not otherwise meet financial eligibility criteria. This enables families to be legally represented, contributing to an equality of arms, and ensuring that concerns are properly raised and tested during an inquest.
• A wider scope of investigation into the death. When Article 2 is engaged, the coroner must look beyond the medical cause to examine the broader circumstances surrounding a death, including the actions of State agents and possible systemic failings. This wider scope can impact who is called to give witness evidence, what documents are sought for disclosure, and the overall structure and length of an inquest.
• A broader range of conclusions. Article 2 inquests allow for expanded narrative conclusions, rather than being restricted to short-form conclusions. Expanded narrative conclusions can include evaluative or judgmental language, such as identifying “missed opportunities” or “failures”, which is generally not permitted in non-Article 2 inquests.
• An increased likelihood that the coroner will sit with a jury. While not automatic, Article 2 engagement may influence the requirement for a coroner to sit with jury.  A jury is an important extra layer of independent scrutiny provided by randomly selected members of the public.

Ultimately, without Article 2 engagement, an inquest will be more limited in its scope. As a result, a less extensive investigation will take place, which may leave questions unanswered for bereaved families about the death of their loved one.

How We Help

At Saunders Law, we represent families throughout the inquest process, as well as in any related legal action that may follow. We work to make sure your concerns are heard and adequately investigated, and that accountability is pursued wherever it is due.

Contact our team today on +44 (0)207 632 4300 or via our  online enquiry form. We’re happy to speak with you confidentially and without obligation.