Palmer & Anor, R (on the application of) v Worcestershire County HM Coroner & Ors

Judgment

Mr Justice Hickinbottom:

Introduction

On 20 May 2006, Adrian Palmer, a young man of 21 years of age with Asperger’s Syndrome, died at the hands of Ben Murphy. Earlier that year, he had accused Murphy of raping him. Murphy was arrested, interviewed and bailed; but the Crown Prosecution Service (“the CPS”) decided not to prosecute him. Murphy was upset with Adrian over the allegation, Adrian being the subject of various threats by Murphy or on his behalf.

Following Adrian’s death, the Defendant coroner (“the Coroner”) opened an inquest, but adjourned it pending the outcome of the criminal proceedings against Murphy, who was charged with Adrian’s murder. Murphy was willing to plead guilty to manslaughter, but not to murder. Two trials proved inconclusive, the jury being unable to reach a verdict in either. At the end of the second trial, Murphy’s plea of guilty to manslaughter was accepted, and he was sentenced to 4 years’ imprisonment in December 2007.

The Claimants Mr & Mrs Palmer are Adrian’s grandparents, with whom he lived. In April 2010, they wrote to the Coroner asking him to resume the inquest into Adrian’s death, a request he refused on 26 May 2010. In these proceedings, with leave of Nicola Davies J, Mr & Mrs Palmer challenge that refusal.

The First Interested Party (“the Council”) is Worcestershire County Council, the relevant social services authority. The Second Interested Party is the Chief Constable of West Mercia Police, who is liable for the acts and omissions of members of the West Mercia Police (“the Police Force”).

Briefly, Mr & Mrs Palmer contend that there is an arguable case that the state in the form of the Interested Parties violated Adrian’s rights under article 2 of the European Convention on Human Rights by failing to have in place adequate systems for the protection of vulnerable individuals such as Adrian, and in failing to take reasonable steps to safeguard him against a real and immediate risk to his life. In those circumstances, the state has an additional obligation under article 2 to ensure that an independent enhanced enquiry is conducted into his death. As no investigation sufficient to satisfy the obligations under article 2 has yet been conducted, the Coroner erred in refusing to resume his inquest, which is the only opportunity for the state’s investigative obligation to be properly satisfied. It is submitted that the resumption of the inquest is therefore necessary to comply with article 2.

The Police