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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Grice, R (On the Application Of) v [2020] EWHC 3581 (Admin) (24 December 2020) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2020/3581.html Cite as: [2020] EWHC 3581 (Admin) |
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QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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The Queen (on the application of Sharon Grice) |
Claimant |
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- and - |
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Her Majesty's Senior Coroner of Brighton and Hove |
Defendant |
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- and - (1) The Chief Constable of Sussex Police |
Interested Party |
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- and - (2) Sussex Partnership NHS Foundation Trust |
Interested Party |
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Jonathan Hough QC (instructed by Brighton and Hove City Council Legal Services) for the Defendant
George Thomas (instructed by Weightmans LLP) for the First Interested Party
Gwen Goring (instructed by Trust Legal Services Team) for the Second Interested Party
Hearing dates: 10th December 2020
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Crown Copyright ©
Mr Justice Garnham:
Introduction
(i) The Defendant's decision not to resume the inquest and hold a full inquest into Ms Grice's death is a breach of the Investigative duty under Article 2 of the European Convention on Human Rights;
(ii) The decision not to resume the inquest was irrational.
The History
(i) a statutory Domestic Homicide Review ("DHR") of the case, which reported in September 2017;
(ii) an investigation into the case by the Independent Office for Police Conduct ("IOPC"), which reported in June 2018;
(iii) an inspection by HM Inspectorate of Constabulary and Fire & Rescue Services ("HMICFRS") concerning Sussex Police and its response to cases of stalking and harassment, which reported in April 2019; and
(iv) police disciplinary proceedings, which concluded in July 2019 with findings of gross misconduct against one officer and misconduct against two others.
The decision under challenge
"A year has now passed since the conviction of Michael Lane after a full airing of the circumstances. I do not propose to resume the trial."
"The conclusions cannot be inconsistent with the criminal proceedings therefore could only be "Unlawful Killing".
The regulation 28 report is just a report. It cannot require action.
Other inquiries into Shana's death have been able to make recommendations and require action.
If this Inquest was resumed, any regulation 28 report would not/could not provide anymore information regarding Shana's death and the broad circumstances thereof then had already been provided by the several independent inquiries which have taken place as described above.".
"That is hard to discern. They have not made their wishes clear in their submission to me. It is simply argued that the investigations do not satisfy the requirements of Middleton.
I do not agree. In my view they do.
This family are understandably traumatised/outraged and angry about Shana's death. However, they appear to have rejected opportunities offered by all the independent investigations to engage save through "family friends" who have apparently only been able to make little or no impact
No further enquiry whether it be resumption of the Inquest or any further enquiry can undo the tragedy (arguably potentially avoidable) of Shana's death. Having given serious and careful consideration to this application I refuse it. There is not sufficient reason for resuming this Inquest."
The Statutory Scheme
"(1) A senior coroner who is made aware that the body of a deceased person is within that coroner's area must as soon as practicable conduct an investigation into the person's death if subsection (2) applies.
(2) This subsection applies if the coroner has reason to suspect that—
(a) the deceased died a violent or unnatural death,
(b) the cause of death is unknown, or
(c) the deceased died while in custody or otherwise in state detention."
"(1) The purpose of an investigation under this Part into a person's death is to ascertain—
(a) who the deceased was;
(b) how, when and where the deceased came by his or her death;
(c) the particulars (if any) required by the 1953 Act to be registered concerning the death.
(2) Where necessary in order to avoid a breach of any Convention rights (within the meaning of the Human Rights Act 1998), the purpose mentioned in subsection (1)(b) is to be read as including the purpose of ascertaining in what circumstances the deceased came by his or her death.
(3) Neither the senior coroner conducting an investigation under this Part into a person's death nor the jury (if there is one) may express any opinion on any matter other than—
(a) the questions mentioned in subsection (1)(a) and (b) (read with subsection (2) where applicable);
(b) the particulars mentioned in subsection (1)(c).
This is subject to paragraph 7 of Schedule 5."
"(1) Where—
(a) a senior coroner has been conducting an investigation under this Part into a person's death,
(b) anything revealed by the investigation gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, in the future, and
(c) in the coroner's opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances,
the coroner must report the matter to a person who the coroner believes may have power to take such action.
(2) A person to whom a senior coroner makes a report under this paragraph must give the senior coroner a written response to it.
(3) A copy of a report under this paragraph, and of the response to it, must be sent to the Chief Coroner."
"(1) After hearing the evidence at an inquest into a death, the senior coroner (if there is no jury) or the jury (if there is one) must—
(a) make a determination as to the questions mentioned in section 5(1)(a) and (b) (read with section 5(2) where applicable), and
(b) if particulars are required by the 1953 Act to be registered concerning the death, make a finding as to those particulars.
(2) A determination under subsection (1)(a) may not be framed in such a way as to appear to determine any question of—
(a) criminal liability on the part of a named person, or
(b) civil liability…"
"(1) Subject to sub-paragraph (6), a senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.
(2) The first case is where the coroner—
(a) becomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased…
(6) The coroner need not suspend the investigation—
(a) in the first case, if a prosecuting authority informs the coroner that it has no objection to the investigation continuing…
(c) in any case, if the coroner thinks that there is an exceptional reason for not suspending the investigation."
"(1) An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it…"
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection."
The competing contentions and the issue in the case
Discussion
General provisions and principles governing inquests
The central issue in the present case
"The Convention does not adopt a prescriptive approach to the form of the investigation. So long as minimum standards are met, it is for the state to decide the most effective method of investigating: see e.g. Edwards v United Kingdom (2002) 35 EHRR 487 at [69] and Amin per Lord Bingham at [31], Lord Slynn at [42] and Lord Hope at [63]."
a) the authorities must act of their own motion;
b) the investigation must be independent;
c) the investigation must be effective in the sense that it must be conducted in a manner that does not undermine its ability to establish the relevant facts; this is, as it was described in Jordan "an obligation of means rather than results";
d) the investigation must be reasonably prompt;
e) there must be a ''sufficient element of public scrutiny of the investigation or its results to secure accountability in practice as well as in theory; the degree of public scrutiny required may well vary from case to case'': and
f) there must be involvement of the next of kin ''to the extent necessary to safeguard his or her legitimate interests''
The Investigations and Proceedings arising out of the death of Ms Grice
"2. Shana Grice was murdered by Michael Lane in August 2016. Between February and July 2016 Shana or persons on her behalf made five complaints to the Police about the behaviour of Michael Lane. On the second occasion in March a complaint was made about an alleged assault by Lane upon Shana. When questioned by Police Michael Lane showed them text messages passing between himself and Shana which indicated that he and she were in a sexual relationship. The Police then treated the complaint as being based upon the deliberate supply of false information. Shana was issued with a fixed penalty notice and a fine for wasting police time; in other words she was treated as the wrongdoer and having committed a criminal offence, and Michael Lane was treated as the victim.
3. There was seemingly no appreciation on the part of those investigating that a young woman in a sexual relationship with a man could at one and the same time be vulnerable and at risk of serious harm. The Police jumped to conclusions and Shana was stereotyped.
4. The position adopted by the Police had three potentially serious consequences.
5. First, following this incident the Police treated all further complaints by Shana with scepticism. In particular three further complaints were made over the course of the short period between 9th and 12th July 2016. The first related to theft of a door key by Lane which he then used to enter Shana's bedroom to peer at her in her bed at 6.00am in the morning. The second concerned the sending of silent, heavy breathing, calls to Shana, believed to have been from Lane. The third concerned an incident when Lane was seen following Shana. In relation to the use of the stolen key to enter Shana's bedroom Lane received a caution for theft and a low level warning to terminate contact with Shana. In relation to the subsequent complaints Shana was told, in effect, that no further action would be taken. The incidents were classified as low risk. Shana was murdered six weeks later.
6. The second consequence was that when further incidents of stalking occurred Shana did not complain to the Police because she felt that her complaints would not be taken seriously. Evidence was given to this effect during this trial by those close to Shana.
7. The third consequence was that Michael Lane felt that if he continued with his obsessive stalking behaviour it was most unlikely that the Police would do anything to stop him. And he did continue even though he had been warned by Police to keep away from Shana.
8. I would emphasise that my concern lies with the way in which the complaints were handled. Following the murder the investigation and prosecution of this case has, in my view, been conducted by the Police professionally and efficiently.
9. I am aware that the Independent Police Complaints Commission (the IPCC) is investigating and indeed officials from the IPCC have been observing this trial. I am therefore directing that my concerns be brought to the attention of the lPCC so that they can be taken into consideration in the course of that investigation."
"To investigate the circumstances surrounding all police contact with both Shana Grice and Michael Lane from 8 February 2016 to 25 August 2016. In particular:
a) Whether the police response to all allegations made by Shana Grice was appropriate and in line with local and national policies and procedures.
b) Whether the action taken by police against Michael Lane in relation to the allegations made by Shana Grice was appropriate and in line with local and national policies and procedures.
c) Whether police took necessary steps to safeguard and protect the welfare of Shana Grice.
d) Whether police complied with local and national policies and procedures concerning; (i) Risk assessment (ii) Resolution of complains (iii) Recording of matters."
"The evidence showed that at the time PC Godfrey was carrying out his investigation, he had information available to him on Sussex Police systems that showed history markers warning that Ms Grice was at risk of stalking by Mr Lane, a previous risk assessment that documented stalking, and a recent incident that had been resulted as first time harassment. However, the evidence showed PC Godfrey did not pursue an offence relating to harassment after it had been established that Ms Grice and Mr Lane had been in a relationship and arranged a meeting."
"The evidence showed PC Mills was notified that Ms Grice had been followed by Mr Lane for approximately five minutes. PC Mills had prior knowledge of the history between Mr Lane and Ms Grice, and the PIN that Mr Lane had recently been served. However, PC Mills did not consider the new allegation to be an incident relating to harassment."
(i) Establish what lessons are to be learned from the domestic homicide regarding the way in which local professionals and organisations work individually and together to safeguard victims.
(ii) Identify clearly what those lessons are both within and between agencies, how and within what timescales they will be acted on, and what is expected to change as a result.
(iii) Apply these lessons to service responses including changes to policies and procedures as appropriate; and identify what needs to change in order to reduce the risk of such tragedies happening in the future to prevent domestic homicide and improve service responses for all domestic violence victims (including stalking victims) and their children through improved intra- and inter-agency working.
Analysis: Art 2
(i) It is not a requirement of the ECHR that any particular procedure be adopted to fulfil the Jordan requirements. The form of the investigation may vary according to the circumstances and those requirements can be satisfied by a set of separate investigations, rather than by a single, unified procedure (see Jordan v UK (2003) 37 EHRR 2; Amin, at [20]; and R (Goodson) v HM Coroner for Bedfordshire [2004] EWHC 2931 (Admin), at [59]).
(ii) The requirement for the family of the deceased to be involved in an investigation to the extent necessary to safeguard their interests does not mean that the investigating authorities must satisfy every request for a particular step to be taken in the investigation: see Giuliani and Gaggio v Italy (2012) 54 EHRR 10, [304].
(iii) The requirement of public scrutiny does not invariably require a public hearing: see Ramsahai v Netherlands (2008) 46 EHRR 43, [353]. And neither requirement means that the family of the deceased must be able directly to test evidence: see R (D) v SSHD [2006] EWCA Civ 143 [39]-[42].
Irrationality
Conclusion