You may have been told that your loved one’s Inquest “engages Article 2.” That can sound technical and intimidating. In reality, it simply means that the investigation will need to be wider and more detailed.
What Is Article 2?
Article 2 of the European Convention on Human Rights protects the right to life. When someone dies and the state may have played a role (for example a death in hospital, in prison or police custody or where public authorities had responsibility for care or supervision) – then the state has a legal duty to carry out an effective investigation.
In many cases, that investigation takes place through the Inquest process.
How Does It Change the Inquest?
In a standard Inquest, the coroner answers four questions:
- Who died
- When they died
- Where they died
- How they died
When Article 2 is engaged, the Inquest will look more closely at the wider circumstances of the death – including systems, policies and decision-making.
So we say that the “scope” of the Inquest is wider where Article 2 is engaged.
Practically, this can mean:
- A broader and more in-depth collection of evidence
- More witnesses – which may also include senior leaders
- Greater scrutiny of public bodies
- In some cases, a jury (see seperate Practical Guidance post)
The engagement of Article 2 does not mean the Inquest becomes a trial. It remains a fact-finding process. But it does allow more detailed examination of the events leading to the death.
As the Chief Coroner has previously noted, an Article 2 Inquest:
“opens up the field for conclusions about underlying or contributory causes, such as failures to prevent suicide in prison. It may require a coroner to deliver (or elicit from a jury) a more extensive and judgmental form of narrative conclusion.
Does Article 2 Mean Someone Is to Blame?
Not necessarily. Article 2 engagement does not predetermine the outcome. It simply reflects that there is a legal duty to ensure the investigation is thorough and effective.
The Coroner (or Jury) still decides the conclusions based on the evidence heard. Inquests never determine blame, and this applies to Article 2 Inquests.
Why Legal Advice Can Be Important
Article 2 cases are often more complex. There may include:
- Large volumes of disclosure
- Multiple public bodies, likely all represented by lawyers
- Complicated medical, technical or policy evidence
Early legal advice can help ensure that the scope of the inquest is properly defined and that important issues are not overlooked.
What Happens Next?
If Article 2 is likely to be engaged, the Coroner will usually address this at a Pre-Inquest Review Heaing.
At that hearing, other Interested Persons can make legal arguments to the Coroner and seek to persuade them that Article 2 is or is not engaged. Typically, bereaved families will want Article 2 to be engaged, as it requires the Coroner to adopt the wider scope.
From there, the scope of the investigation is set and the preparation for the final hearing begins.
If you are unsure whether Article 2 applies in your case, you can seek advice at an early stage. It is often easier to define the scope correctly at the beginning than to widen it later.