Parents Seek Judicial Review of the Coroner’s Conclusion

The devastated family of a young woman from Worcester who died after taking diet pills last year are launching a legal challenge to overturn the coroner’s conclusion that she  committed suicide.

On the 15th February 2017, Bethany Shipsey, who suffered from emotionally unstable ‘Borderline Personality Disorder’ (BPD), a debilitating mental illness which was triggered as a result of rape, died aged 21 in the Worcestershire Royal Hospital of an overdose.  Bethany died shortly after taking pills containing the drug Dinitrophenol (DNP) a ‘so called’ diet pill, which she had been illegally sold online.

Around 12 months on in January 2018, an inquest was held into Bethany’s death at Worcestershire Coroners Court, where Senior Coroner Geraint Williams gave a narrative conclusion and ruled that the death was the result of suicide.

The Coroner also found that the hospital "failed to take sufficient or adequate steps" to monitor Bethany, and there were "significant failings in the care given to her which amounted to a lost opportunity to provide supportive treatment" which may have saved or prolonged her life.

Beth's parents, Doug and Carole Shipsey, have now instructed specialist lawyers in Irwin Mitchell’s Public Law team to help them apply for a judicial review of the suicide conclusion.

They are arguing that the ruling should not stand on several grounds, including that the Coroner failed to apply the correct legal test for a suicide conclusion which lawfully required him to be sure beyond reasonable doubt that Bethany intended to take her own life and to exclude all other possible explanations for her death.

Expert Opinion

Doug and Carole have endured an incredibly difficult time which no parents should have to face.

“Ever since the inquest’s conclusion they have held concerns regarding the Coroner's ruling and specifically whether it amounts to an error of law when all of the key facts are properly considered. While nothing will change what they have been through, they are determined to ensure this issue is properly considered, and that the conclusion reflects the truth of what happened to Bethany.

“Inquest law is a hugely important area and the public need confidence that it is always applied correctly, particularly in the incredibly sensitive area of suicide.” Oliver Carter - Associate Solicitor

Bethany’s father, Doug Shipsey, 52, said: “Following the Coroner’s findings, my wife and I began to consider the next steps available to us.

“The inquest was difficult for us, listening to the failings in the care of our daughter being discussed, while constantly thinking that she could have perhaps been saved.

“We hope that by instructing Irwin Mitchell to act for us, we can ensure that the conclusion of the inquest is a fair reflection of how Beth died.”

Their  application for judicial review argues that while the Coroner relied on seven reasons for his suicide conclusion, he should have considered several other factors which pointed away from Bethany having an intention to end her life. These included that the overdose may in fact have been a ‘cry for help’ – a suggestion supported not only by evidence from her mother and psychiatrist, but also arguably by Bethany’s decision to tell friends about her actions on Facebook.

Furthermore, Bethany – who had previously taken and survived 14 overdoses – made statements on Facebook to say her ‘body can take it’, which again suggested suicide was not her intention. The number of pills Bethany had taken is also unclear,  as an unknown number of pills were given to the hospital when she was admitted and then disposed of by the pharmacology department.  Toxicology experts gave evidence that the level of DNP in her blood was low in comparison to other reported fatal overdoses, and in fact the lowest in open recorded scientific data.

Expert Opinion

Based on the evidence in the case, we argue that the finding of suicide is simply not one that should have been made and therefore the record of the inquest is unlawful.

“It is clear that this issue needs to be urgently addressed and we are determined to ensure that Bethany’s family get the truth and justice they deserve regarding the inquest’s conclusion.” Oliver Carter - Associate Solicitor

Mr Shipsey added: “We are looking at all options available to us. We just want to ensure that the law is applied correctly in our daughter’s case and that all the evidence is considered and reflected in the findings.”

Bethany's parents are using the crowdfunding website CrowdJustice in order to raise money for the legal challenge. You can share and support their crowdfunding campaign here: www.crowdjustice.com/case/rightverdictforbethany 

If you or a loved one has suffered as a result of medical negligence, contact us today. Visit our page to find out more about our Public Law services.