Grieving mother wins legal aid test case

In a ruling which broke new legal ground, top judge Mr Justice Hickinbottom said the inquest into the tragic death of Dante Lee Kamara raised fundamental human rights issues.

He also quashed the Legal Services Commission's refusal to grant his mother Claire Humberstone state funding so she can instruct her own legal team at the hearing.

The judge said Dante, who had suffered from asthma since he was aged two, died in Sheffield Children's Hospital on July 1 2008 after a severe attack.

What had begun with a cough that morning and a day off school had ended with his emergency admission to the hospital by ambulance.

Despite efforts at resuscitation, he was declared dead less than an hour after his arrival.

The South Yorkshire Ambulance Service, the Sheffield Children's Hospital, a GP's surgery and a district nurse are all expected to be represented at an inquest which now should take place as quickly as possible.

In February last year, the Legal Services Commission refused to fund lawyers for Miss Humberstone, insisting she could manage without.

Overturning the decision, Mr Justice Hickinbottom said Article 2 of the European Convention on Human Rights – which enshrines the "right to life" – meant there had to be a full investigation of the circumstances surrounding the youngster's death.

"I have no doubt that, in the circumstances of this case, a duty to investigate did arise under Article 2. It is quite clear ... that when a patient dies in an NHS hospital, the obligation to investigate the death arises."

Ruling that Article 2 was "clearly engaged" in the case, he said Miss Humberstone herself faced suggestions she failed to adequately

supervise Dante's regular therapy at home and that "she may be responsible in whole or part for his death".

On July 12 2008, Miss Humberstone was arrested on suspicion of her

son's manslaughter by gross negligence and, although no charges have been brought, the Judge said that made it all the more important that she is legally represented.