Chief Coroner states that the “Cab Rank” rule is unlawful
I received the below update on the situation with the Chief Coroner for Inner North London:
In compliance with the Order of the Court, the Chief Coroner and Mary Hassell served their detailed grounds and evidence to the Judicial Review claim being brought by AYOB against Mary Hassell.
On 30 October 2017 Hassell had issued what she referred to as “a protocol” in which she declared that “No death will be prioritised over any other because of the religion of the deceased or family”. The AYOB is bringing a judicial review application alleging that this decision is unlawful. The Chief Coroner was added as a party to the action at the instigation of the Court.
The claim has received support from Theresa May in PMQs; Jeremy Corbyn; Sadiq Khan; a large number of MPs, the London Assembly and a number of Muslim and Jewish leaders. Dr Philip Lee, under – secretary of State for Justice, has invited the Claimant to meet with him later this month to discuss the matter.
In a dramatic turn of events the Chief Coroner, His Honour Judge Mark Lucraft QC, has come down heavily against the decision of his fellow Senior Coroner, Mary Hassell. He has referred to her conduct as “over rigid,” “not capable of rational justification” and “unlawful”. He goes on to find that Mary Hassell’s protocol is discriminatory and in breach of the Human Rights Act, clearly stating that “The interest of a Jewish or Muslim person in having a close relative buried on the day of death or as soon as possible thereafter qualifies as a right protected by Article 9 [Human Rights Act]. Early burial is a manifestation of religious belief.”
He explains that he strives to lead coroners to act in a manner which is “humane and pragmatic”. He makes it clear that cases should be prioritised where urgent. “A coroner faced with a set of files to consider may try to deal first with those which can be handled quickly or those which are particularly urgent.” The Chief Coroner brings three statements from other senior coroners in support of the position he takes.
In a somewhat confused document Mary Hassell’s detailed grounds and evidence seek to defend her position arguing that applying what she refers to as a ‘cab-rank rule’ is appropriate. “My approach reflects my best attempt to consider the rights of all those who are in my jurisidiction” says. She also brings three statements in support, in the form of three short letters. However they are all anonymous even though one of them expressly states that “I am willing and ready to stand up”.
“Evidence in the form of short anonymous letters will have little if any weight” said Trevor Asserson, solicitor for the Claimant.
“The support of the Chief Coroner is of huge importance” said Trevor Asserson. “The Chief Coroner is a senior Judge, and probably the most authoritative voice on Coronial law in the UK. His support of this claim further isolates Mary Hassell who is made to appear legally illiterate.”
Asher Gratt, speaking for the AYOB, said of the Chief Coroner’s evidence “We hope this will lead to end the added sufferings and anguish of grieving relatives when facing bureaucracy and inflexible procedures that prevents the prompt burial of their loved ones.”
The case has been rushed through the Courts by the Judiciary who have expressly said that they recognise its importance. The case is due to be heard before a Divisional Court on 27 and 28 March 2018.
