Thursday 2 October 2025 marked 25 years since the enactment of the Human Rights Act 1998.  Our Stevie Kelly, Associate in our Actions Against Detaining Authorities team, commented on what the Act Means for Survivors of Abuse in her blog dated October 13, 2025

Here, we’ll look at the Act and its relevance to inquest proceedings.

What is an Inquest?

An inquest is a public judicial enquiry whereby the Coroner must answer the following questions:

  1. When and where did they die

  2. What was the medical cause of death

  3. And how did they come by their death

The Coroner can often answer these questions using the information available to them from medical evidence.  It is not always necessary to hear evidence – this is called a Jamieson inquest.

If a death occurs whereby someone was in the care of the state – in police or prison custody; whilst detained under the Mental Health Act; or any other circumstances where the state had a duty of care to the deceased and it is thought their actions may have caused, contributed to or failed to prevent the death, this will engage a Middleton inquest under Article 2 of the European Convention on Human Rights.

Article 2 of the European Convention on Human Rights

ARTICLE 2 says:

Right to life

  1. Everyone’s right to life shall be protected by law.  No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 

  2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: 

a) in defence of any person from unlawful violence;

b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 2 allows the Coroner, usually sitting with a Jury, to look at the wider circumstances of the ‘how’ question, meaning families often get the answer to more of their questions.

An Article 2 inquest allows for three main areas to be explored whereby a state body are involved:

  • the ‘systems duty’ – the duty to have an adequate system to protect life;

  • the ‘operational duty’ – whether the state knows or ought to know that there is a ‘real and immediate risk’ to someone’s life, and to take reasonable measures to protect them; and

  • the ‘investigative duty’, which applies where a person dies at the hands of the state, or in other circumstances that engage the state’s responsibility

Dependant on the conclusions following an Article 2 compliant inquest, there may be a claim under the Human Rights Act for a breach of the Article 2 right to life.  Our team are specialists in this area and can assist in both the representation at the inquest into a loved ones passing and any claim that may arise thereafter.

Importantly, and looking at the importance of the HRA in inquests; before the HRA 1998, the families of the deceased had few rights in an inquest. They had no automatic right to disclosure and no access to legal aid, while the institutions responsible for the death were often represented by a high-powered legal team.

The implementation of the ECHR into English law has helped to put bereaved families on a more level playing field, which is essential for a full and fearless inquest.

Some of our recent cases include:

Do I need a solicitor to represent me in an Inquest or a Human Rights Act claim?

Various difficulties in the legal process warrant the instruction of a legal representative, including: –

  • Time limits for HRA claims
  • Proving causation and quantifying a HRA claim
  • Technicalities in the law around Human Rights and the inquest process
  • Representation at Court

Legal Aid is often available for Article 2 Inquests, and is not always dependant on financial eligibility. We can discuss with you whether Legal Aid is available.

If you require legal advice in relation to the issues covered in this article, please do not hesitate to contact Farleys. Call our inquests team today on 0845 287 0939, get in touch by email, or use the online chat below.