Government's Duty To Investigate Death of Person In Its Care
R (JL (by the Official Solicitor as litigation friend)) v Secretary of State for the Home Department
[2007] EWCA Civ 767
CA
Weekly Law Reports Summary
24 July 2007
Where there had been a death or near death in custody the state was obliged to conduct an enhanced investigation commenced by a person independent of those implicated in the facts. If the investigator found that the state or its agents potentially bore responsibility and that it was not plain that they could bear no responsibility it would be necessary to hold a further inquiry in the nature of a public hearing in which the next of kin or injured person could play a part.