Mum of disabled daughter who died in care launches ECHR legal challenge
A mother from Lancashire who's daughter died while in care, has instructed specialist lawyers to launch a legal challenge to the European Court of Human Rights.
Jackie Maguire, who had Down syndrome, became ill while living in a care home in St.Annes.
The 52-year-old had been detained in the home for a number of years under deprivation of liberty safeguards. She later died in hospital from a perforated stomach ulcer and pneumonia.
Her inquest at Blackpool Town Hall concluded she died of natural causes. But her mum Muriel Maguire says this doesn't fully delve into the circumstances of her death and whether the state had a duty to protect Jackie’s right to life under Article 2 of the European Convention of Human Rights.
Muriel tried to overturn the inquest and trigger a new one - but was rejected by the Supreme Court. She's now going to the European Court of Human Rights after instructing specialist human rights lawyers.
Rebecca Chapman, the public law and human rights specialist at Irwin Mitchell supporting Muriel and her family, said: "The family believe strongly there were issues in the care Jackie received in the lead up to her death and that these should’ve been considered as part of the original inquest.
"We’re now advising and supporting Muriel who is determined to continue her quest for answers in her daughter’s memory.
"People detained under deprivation of liberty safeguards are some of society’s most vulnerable. Therefore, it’s vital that those in charge of their care always uphold such safeguards at all times."
As part of their legal challenge, as no legal aid is available, Muriel needs to raise £25,000 to cover the costs of making an initial application to the ECHR.
Muriel said: "To think Jackie’s life ended the way it did will stay with me forever. Those last 48 hours and what she went through were dreadful. She lost consciousness so many times.
"She wouldn't have known what was happening to her. She did not deserve to die the way she did. Nobody does.
"If we’re successful, the court will have decided that human rights law did apply so that the state did have a duty to protect Jackie’s life.
"This means the true circumstances of Jackie’s death will finally be established and future inquest juries will, in cases like Jackie's, be allowed to identify failings and make judgmental findings, and these will become part of the Record of Inquest.
"This isn’t just about justice for Jackie but also helping others who don’t have the mental capacity to act in their best interests.
"If the European Court of Human Rights sides with us there will be accountability and lessons will be learned which will help to prevent such tragic deaths in the future. This is so important, and to me, and all of Jackie’s family, her death will not have been in vain."
The crowdfunding campaign can be found here.
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