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Supreme Court grants permission to appeal in case of Jacqueline Maguire

03 March 2022

On 23 February 2022, the Supreme Court granted permission to appeal the decision of the Court of Appeal in the case of Jacqueline Maguire v HM Senior Coroner for Blackpool and Fylde.  

The Court of Appeal had previously upheld the High Court decision that Article 2 (right to life) of the European Convention on Human Rights (ECHR) was not engaged in the case of Jacqueline - known to her family as Jackie. Jackie was a woman with Down’s syndrome, learning disabilities and behavioural difficulties, who died whilst living in residential care in 2017.

The Supreme Court will now consider whether Article 2 ECHR extends to those that are vulnerable and lack the mental capacity to make decisions regarding their care and treatment, who are dependent on others to act in their best interests. This is not only highly significant in terms of Jackie’s case, but also for other adults, who are looked after in care homes and receive poor medical care.