Michael Walsh

experience & expertise

Michael represents the full range of Interested Persons, including NHS Trusts, individual clinicians, nursing homes, and families, at Article 2 and jury Inquests, particularly where significant clinical issues are involved.

Mental health services comprise a large proportion of his practice, often dealing with scrutiny of alleged systemic failures in care and issues over mental capacity. He also advises on Judicial Review of Coroners’ decisions, CQC proceedings and Human Rights Act claims.

The range of Inquests in which Michael has appeared includes deaths arising:

• in secure psychiatric facilities (PICU and general psychiatric units) and whilst in community care;
• in detention (self-inflicted deaths and following assault);
• in nursing homes (e.g. arising from issues in medication administration, speech and language therapy and nutrition, and pressure sore management);
• in the course of GP and hospital treatment (primary care and NHS / private hospital treatment, e.g. misdiagnosis and delays in treatment);
• at work, falling from height and/or injured by plant or vehicles being serviced; and
• from vehicular accidents, involving commercial vehicles, public service vehicles, off-road motorcycling and racing, and domestic motorcycles and cars (including deaths in the course of police pursuits).

cases & work of note

• Sky Lewis [Current]: Represented a local health board at a 3-week Article 2 ECHR inquest into the death of a teenager that fatally self-harm at a residential children’s home. The matter has been suspended pending referral to the DPP for consideration of corporate manslaughter (relating to other IPs).
• Simeon Francis [2025]: Represented a private provider of health services at a 2-week Article 2 ECHR jury inquest into the death of a man with an unconfirmed history of epilepsy and substance misuse, who died in a police custody suite after admitting swallowing drugs. The jury found no causative failings against Michael’s client.
• Catherine Hirst [2024]: Represented a Welsh Local Health Board responsible for the care of a patient who took her own life within 24 hours of being discharged home from an acute mental health ward. Notwithstanding adverse opinions of three psychiatric medical experts including the current RCPsych president, after questioning, the Coroner making no causative findings and no PFD Report.
• Phyllis Hammond [2024]: Represented a private provider of elderly domiciliary care where prescribed anticoagulant medication had been overlooked, and the service user died of a pulmonary thromboembolism. In spite of two expert opinions that death had been caused by the absence of medication, Michael’s questioning of the experts and submissions on the use of statistics resulted in no causative findings; no finding of Neglect, and no PFD report.
• Re H  [2024]: Represented the family of a young man with mental health and substance misuse issues who, after going missing, was taken home by police and not a health-based place of safety. He sadly took his own life the following day. Argument over the engagement of Article 2 ECHR was decided in the family’s favour, with a finding of Neglect against a Local Authority that had prematurely ended its services for the deceased,  and a PFD report against police over inadequate training in mental health. Michael went on to settle a High Court civil / HRA claim against the Local Authority.
• Amina Ismail [2024]: Represented an NHS Integrated Care Board responsible for a teenage patient in a psychiatric intensive care unit, who took her own life using a ligature while awaiting funding for a more suitable mental health placement. Michael’s client was only made an IP mid-way through the inquest, requiring Michael to join the inquest mid-hearing, and undertake a rapid evidential review.  Following careful oral and written advocacy on the issue of causation in particular, the jury returned a conclusion of Misadventure with no causative findings against the ICB; no Neglect, and no PFD report concerning Michael’s client.
• Ruth Perry [2023]: Represented the GP of a headteacher that sadly took her own life following a reportedly unfair Ofsted inspection. Following Michael’s advocacy, the GP was praised for his involvement with the deceased. Michael’s submissions also assisted the Court in finding that Ofsted had caused or contributed to the deceased taking her own life.
• Krystian Kilkowski [2023]: Represented an Ambulance Trust where a 32-year-old man that developed drug-induced Acute Behavioural Disturbance died shortly after being restrained by five police officers for over an hour on the ground outdoors during a summer heatwave. The Trust was experiencing a surge in calls amidst reduced staffing due to the pandemic, thereby increasing response times and gaps in their service. No adverse findings or Prevention of Future Deaths Report was made in relation to the Trust.
• Kaleb Ablett [2023]: Represented an NHS Trust after it treated an 8-year-old child who suffered a pulmonary embolism and cardiac arrest some 30 hours after first attending A&E. Art. 2 and delayed treatment were in issue. Several experts were initially critical of the clinical care, but after questioning, the Court ultimately determined that Art. 2 ECHR was not engaged; no clinical care could be criticised; and no Prevention of Future Deaths Report was warranted.
• Khabi Abrey [2021]: Represented the GP of a mental health patient who was convicted of manslaughter and Arson following a deliberate arson attack on a neighbour’s apartment in his block of flats, causing the death of a young pregnant mother. Following submissions, the Senior Coroner’s decision that Art.2 had been engaged was reversed, and the coroner rejected attempts by the family to extend the coronial law on neglect to the care provided to persons other than the deceased.
• Edith Evans [2021]: Represented a GP in a series of high-profile inquests concerning allegations of neglect and institutional abuse of elderly and mentally infirm residents in Welsh care homes. Michael’s advocacy secured the result that his client was not to be criticised in any way, and a direction from the coroner for a critical expert witness not to explore that opinion any further.
• Averil Hart [2020]: Represented the GP of a 19-year-old woman who died from anorexia.  Lack of coordination between Eating Disorder services was in issue. Michael’s advocacy resulted in no adverse findings being made against his client.