The Equality and Human Rights Commission intervened in an appeal brought by the mother of Jackie Maguire, a person who had Down’s syndrome and learning disabilities.

Jackie became critically ill while living in a care home, where she was detained under Deprivation of Liberty Safeguards, and sadly she later died in hospital.

We argued that people like Jackie Maguire, who are detained because they lack the capacity to decide their care and where they should live, should be owed the same level of human rights protection as other vulnerable groups, such as those detained in mental health hospitals, prisons or police custody. This would have allowed the jury at Ms Maguire's inquest to comment on the alleged failings by those caring for her.

The Supreme Court decided yesterday that people who live in care homes who are deprived of their liberty for their own good are not in the same situation as prisoners and other similar groups. They have the same human rights protections that apply to the general population. 

Marcial Boo, Chief Executive for the Equality and Human Rights Commission said:

“We’re disappointed by yesterday’s judgment from the Supreme Court, following the case of Jackie Maguire, who had Down’s syndrome and learning disabilities.

“Jackie Maguire’s death was deeply tragic. We believe that Jackie should have had the same human rights protections as others deprived of their liberty, where the state has additional responsibilities for them.

“We will continue to argue for further protections for the most vulnerable members of our society, and hope that in the future deaths like this can be prevented.” 

• The mother of Jackie Maguire has been unsuccessful in her appeal. The Equality and Human Rights Commission was granted permission to intervene in this case and made legal submissions to the hearing in November 2022. 
• Read the full judgment of Maguire v HM Senior Coroner for Blackpool and Fylde.
• Read more details about the EHRC’s unique legal powers to intervene in cases in the UK and Europe.