Case Name and Citation
R (on the application of Muriel Maguire) v Her Majesty’s Coroner For Blackpool and Fylde
[2019] EWHC 1232 (Admin)
Date of the Case:
1st and 2nd April, 2019.
Date of Judgement:
15th May, 2019.
Name of Court:
England and Wales High Court (Queens Bench Division).
Names of Judges:
Irwin LJ
Farbey J
Lucraft QC
Parties’ Names:
Claimant: Muriel Maguire
Defendant: Her Majesty’s Senior Coroner for Blackpool & Fylde
Interested Parties:
1. United Response
2. Northwest Ambulance Service
3. Blackpool Victoria Teaching Hospital
4. Dr. Sarfaraz Adam
5. Dr. Susan Fairhead
6. Blackpool City Council
7. Care Quality Commission
8. Kenneth Maguire
, Attorneys’ Names:
1. Ms. V Butler-Cole Qc and Ms. N. Kohn.
Instructed by Bindmans LLP for the Claimant.
2. Miss S. Cartwright
Instructed by Blackpool City Council for the Defendant.
3. Miss C. Watson
Instructed by DAC Beachcroft for the 1st Interested Party.
4. Miss M. Fanneran
Instructed by North West Ambulance Service for the 2nd Interested Party
5. Miss A. Samuel
Instructed by Blackpool Victoria Teaching Hospital for the 3rd Interested Party
6. Mr. A. Perfect
Instructed by MDDUS for the 4th Interested Party
Material Facts
Jacqueline Maguire, age 52 on 22 February 2017, due to her condition of Down’s Syndrome,
moderate learning difficulties and severely compromised cognitive and communication abilities,
had been placed in the care home at Lytham St Anne’s since 1993. She also suffered from
limited mobility and needed a wheelchair to move around. It was not a nursing home therefore
staff were not medically trained. Jacqueline had been deprived of her liberty under the Mental
Capacity Act 2005 to the extent that she was prevented from leaving the home without
supervision. On the basis of recent medical reports, there was a renewal of the deprivation of
liberty safeguards (DOLS) for one year and she totally dependent on the staff for her day-to-day
care.
In the week prior to her death, Jacqueline had felt unwell before her symptoms became
progressively severe. She initially experienced a sore throat and loss of appetite before her
condition worsen with a raised temperature along with diarrhea and vomiting. She asked to see a
GP but her request was not acted upon at the same time. When the call was made to the GP, the
receptionist told the carer that the request for a visit would be considered later in the day which
resulted to another call further along in that day. A Health Adviser whom was also contacted,
R (on the application of Muriel Maguire) v Her Majesty’s Coroner For Blackpool and Fylde
[2019] EWHC 1232 (Admin)
Date of the Case:
1st and 2nd April, 2019.
Date of Judgement:
15th May, 2019.
Name of Court:
England and Wales High Court (Queens Bench Division).
Names of Judges:
Irwin LJ
Farbey J
Lucraft QC
Parties’ Names:
Claimant: Muriel Maguire
Defendant: Her Majesty’s Senior Coroner for Blackpool & Fylde
Interested Parties:
1. United Response
2. Northwest Ambulance Service
3. Blackpool Victoria Teaching Hospital
4. Dr. Sarfaraz Adam
5. Dr. Susan Fairhead
6. Blackpool City Council
7. Care Quality Commission
8. Kenneth Maguire
, Attorneys’ Names:
1. Ms. V Butler-Cole Qc and Ms. N. Kohn.
Instructed by Bindmans LLP for the Claimant.
2. Miss S. Cartwright
Instructed by Blackpool City Council for the Defendant.
3. Miss C. Watson
Instructed by DAC Beachcroft for the 1st Interested Party.
4. Miss M. Fanneran
Instructed by North West Ambulance Service for the 2nd Interested Party
5. Miss A. Samuel
Instructed by Blackpool Victoria Teaching Hospital for the 3rd Interested Party
6. Mr. A. Perfect
Instructed by MDDUS for the 4th Interested Party
Material Facts
Jacqueline Maguire, age 52 on 22 February 2017, due to her condition of Down’s Syndrome,
moderate learning difficulties and severely compromised cognitive and communication abilities,
had been placed in the care home at Lytham St Anne’s since 1993. She also suffered from
limited mobility and needed a wheelchair to move around. It was not a nursing home therefore
staff were not medically trained. Jacqueline had been deprived of her liberty under the Mental
Capacity Act 2005 to the extent that she was prevented from leaving the home without
supervision. On the basis of recent medical reports, there was a renewal of the deprivation of
liberty safeguards (DOLS) for one year and she totally dependent on the staff for her day-to-day
care.
In the week prior to her death, Jacqueline had felt unwell before her symptoms became
progressively severe. She initially experienced a sore throat and loss of appetite before her
condition worsen with a raised temperature along with diarrhea and vomiting. She asked to see a
GP but her request was not acted upon at the same time. When the call was made to the GP, the
receptionist told the carer that the request for a visit would be considered later in the day which
resulted to another call further along in that day. A Health Adviser whom was also contacted,
