Death of asylum seeker from rare infection

R (on the application of Pekkelo) v HM Coroner For Central & South East Kent [2006] EWHC 1265 (Admin)

Counsel: For the claimant: Ian Macdonald QC For the defendant: No appearance or representation Solicitors: For the claimant: Christian Khan

This was an application by P for judicial review of the approach taken by a coroner to an inquest which had been held into the death of P’s wife. The deceased had claimed asylum when she had arrived in the UK on 8 July 2003, having been travelling for about nine days in a lorry. She had explained just before 10am on 9 July to the Immigration Service’s officials that she felt ill, but she was not admitted to hospital until just before 5pm that day. In fact she was suffering from a rare and extremely virulent infection, and died four days later in hospital. At the inquest into her death, the Coroner took evidence from two medical experts. One, who was a consultant physician in infectious diseases, had commented that she might have had a reasonable prospect of surviving had she been admitted to hospital at 10am on 9 July. However, the other expert, a consultant surgeon who had particular expertise in the condition which had killed the deceased, was of the view that she should have been treated in hospital some time before she arrived in the country if she were to have had a chance of surviving her illness. All parties agreed before the Coroner that the jury would return a verdict that the deceased had died of natural causes. However, her family argued that the words “due to neglect” should be added to the verdict. The Coroner put that matter to the jury, but they returned a verdict that the woman had simply died from natural causes and did not add the words “due to neglect”.