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*R (ON THE APPLICATION OF KHAN) V SECRETARY OF STATE FOR HEALTH

Case date: 10 October 2003

Section links: Introduction / Details of the case / Court reference / Barristers


Introduction
The Court of Appeal allowed an appeal by a father whose daughter had died as a result of admitted negligence on the part of a NHS trust. The court ruled that the government had to ensure there was an effective inquiry into that death and provide funding for the child’s family to be legally represented at that inquiry in order to fulfil its duty under the European Convention on Human, article 2.

Details of the case

The claimant’s daughter, who was aged three, died from a heart attack while undergoing chemotherapy in 1999. A police investigation took place during which the police asked the hospital trust not to communicate with the family.  Despite an expert report, which indicated that the sister on duty and the trust as a whole had been grossly negligent, the Crown Prosecution Service decided that no criminal proceedings would be taken.

The hospital trust also made its own intensive investigations but did not tell the claimant what was going on.  The claimant instructed a solicitor who requested funding from the trust and the NHS Litigation Authority for the claimant to be legally represented at the inquest as he was suffering psychiatric problems and could not play an effective part in it himself.

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