By Mr David Bong, Lecturer, Faculty of Law<\/p>\n
In the case of R (on the application of Maguire) v Her Majesty\u2019s Senior Coroner for Blackpool
\nand Fylde (2019), the English Divisional Court (Administrative Court) declared that the
\nCoroner\u2019s decision was correct when he decided not to direct the jury to consider whether
\nneglect should form part of their conclusion on Jacqueline Maguire\u2019s death.<\/p>\n
WHY?<\/p>\n
According to R v Her Majesty\u2019s Coroner for North Humberside and Scunthorpe, ex parte
\nJamieson (1995), in order to allow the jury to consider the question of neglect, there has to
\nbe evidence of a gross failure by the responsible party and that the neglectful conduct of the
\nparty was clearly and directly the cause of death.<\/p>\n
In ex parte Jamieson, \u2018neglect\u2019 is defined as a gross failure to provide or procure among others,
\nbasic medical attention for someone in a dependent position who cannot be providing it for
\nhimself. This is because of his youth or age or illness or incarceration. Generally, there must
\nbe a \u2018sufficient level of fault\u2019 to justify a finding of neglect. In a medical case, the action or lack
\nof it on an objective basis must be more than a failure to provide medical attention or care. It
\nmust be a gross failure to do so. It involves, for example, the consequences of failing to make
\nsimple, basic checks on the person when it is required. Hence, neglect in this context has a
\nnarrower meaning than a failure of the duty of care in the law of negligence. Neglect is thus,
\nnot the same as negligence or gross negligence.<\/p>\n
The legal principle of neglect as defined by ex parte Jamieson is found in the Chief Coroner\u2019s
\nGuidance on Conclusion (also known as Guidance No.17). The Coroner had approached the
\nevidence in the inquest and directed himself to the appropriate test. It was done in
\naccordance with the Chief Coroner\u2019s Guidance and the appropriate test was applied to decide
\nthe issue of neglect. Having done so, he had declined to leave the issue to the jury because
\nhe had concluded that there had been no individual failing by any medical or healthcare
\npersonnel that could safely be said to be of gross neglect.<\/p>\n
In conclusion, the judges in the Muriel Maguire\u2019s judicial review case agreed with the decision
\nand assessment of evidence done by the Coroner.<\/p>\n
Reference: R (on the application of Maguire) v HM Senior Coroner for Blackpool and Fylde
\n[2019] EWHC 1232 (Admin).<\/p>\n","protected":false},"excerpt":{"rendered":"
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