Public Law And Human Rights Lawyers Support Loved Ones

The family of a woman who died when her abusive ex-partner was the only person present in her flat are seeking permission to appeal the judgment in a judicial review brought against the Coroner hearing her inquest.

Linda O’Brien died on 9 May 2020 at the age of 49. The only other person in her flat at the time of her death was Alan McMahon, Linda’s ex-partner, who had a previous conviction for assault against Linda in August 2019. Linda had a restraining order against Alan McMahon which was active for five years from September 2019. Linda was also recorded by Merseyside Police as a ‘gold’ victim of domestic violence, the highest level of risk.

Police failed to make arrest despite breach of restraining order

On 7 April 2020, officers from Merseyside Police attended Linda’s flat following a call by a neighbour to report an ongoing domestic incident. Alan McMahon was present in the flat when police officers arrived, in breach of the restraining order, but the officers failed to arrest him. It appears that the police systems did not alert the officers to the existence of the restraining order.

Following Linda’s death, Alan McMahon was arrested on suspicion of murder. He was subsequently convicted of breaches of the restraining order and theft and sentenced to 20 months’ imprisonment. Prosecutors told the court that Mr McMahon had 35 previous convictions for 60 offences, including offences against Linda featuring violence.

Family instructs public law and human rights lawyers

Linda’s family instructed specialist public law and human rights lawyers at Irwin Mitchell to investigate what happened.  They are understandably concerned by the failure of Merseyside Police to arrest Alan McMahon on 7 April 2020, or in the weeks after that date when officers became aware of the existence of the restraining order. Linda’s family believe that her death could have been prevented if Alan McMahon had been arrested, as he should have been, for breach of the restraining order.

A Domestic Homicide Review (DHR) into Linda’s death has been opened by Knowsley Community Safety Partnership and is currently ongoing. DHRs are carried out when a person's death has, or appears to have, resulted from violence, abuse or neglect by a partner, ex-partner or member of the same household.

In March 2023, the Assistant Coroner for Sefton, Knowsley and St Helens conducting the inquest into Linda’s death decided that there is no “coronial causation” linking the events involving police officers on 7 April 2020 with Linda’s death on 9 May 2020. The Coroner decided that the scope of the inquest should therefore focus on the events on the night of Linda’s death, and that the actions of the police and the restraining order “will not require extensive investigation at the Inquest and mention of such will be for background purposes and information.”

High Court judgment handed down following challenge

Linda’s family sought to challenge this ruling by the Coroner by judicial review, and the case was heard in the High Court in Manchester in September 2024. The judgment of the High Court has been handed down today, dismissing the application for judicial review.

The court concluded that although it is “possible that if Mr McMahon had been arrested before 9 May, he might have been imprisoned either on remand or serving a sentence on 9 May and it is possible that Linda’s death would not have occurred”, it is “entirely speculative” to say whether he would have been in custody on 9 May 2020.

The court found that it is not possible to “obtain reliable evidence that would enable the coroner or the jury to be satisfied on the balance of probabilities that Mr McMahon would have been in custody on 9 May, had he been arrested earlier”. Linda’s family have applied for permission to appeal the judgment and await a decision from the court.

Oliver Carter is the specialist public law and human rights lawyer at Irwin Mitchell representing the family.

Expert Opinion

“Linda O’Brien was a beloved daughter, mother, sister and grandmother who died in circumstances where her abusive ex-partner was the only other person present in her flat. There is no question that police officers who attended her flat one month earlier should have arrested Alan McMahon for being there in breach of a restraining order.

“However, Merseyside Police has as yet provided no satisfactory explanation of why their officers were apparently not alerted to the restraining order when they attended, and therefore failed to arrest a known perpetrator of domestic violence.

“The Home Secretary, Yvette Cooper, has spoken about the government’s mission to halve violence against women and girls in a decade. That vital mission can only be achieved if the deaths of women who experience domestic abuse, and any potential failings by public authorities including police forces, are subject to a full and fearless investigation by Coroners.

“As a society, we cannot learn lessons from tragedies such as that experienced by Linda and her family if we do not fully investigate whether they could have been prevented.

"Linda’s family have instructed us to appeal the judgment of the High Court, and we have filed an application for permission to appeal. We await the decision of the court on that application.” Oliver Carter

Loved ones pay tribute to Linda

Linda’s family said: “We are deeply disappointed by the judgment and believe it is vital that the full circumstances of Linda’s death, including Merseyside Police’s failure to arrest Alan McMahon when they had the chance, are properly investigated. Linda’s death was preventable, and the lack of action by the police raises serious concerns.

“The Coroner must fully examine why officers did not take action when they attended her flat. This failure must be acknowledged to ensure no other family has to endure the pain and injustice we have suffered. We will not stop fighting for the truth and the justice that Linda deserves."

Kate Stone, a barrister at Garden Court North Chambers, is instructed as counsel for Linda’s family for the inquest and judicial review proceedings.

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