Brother campaigns for law change following sister’s death

The brother of a victim of an ‘abusive relationship’ is campaigning for a change in law surrounding duty of care following his sister’s death.

Danielle Haggerty, 33, died after being left alone following an incident in March 2023. Her brother Jonathan is campaigning for a change in the law.

Danielle was found dead after suffering from a lack of oxygen when she was left alone. The coroner concluded that: ‘Danielle’s death was the unintended outcome of an act of self-harm at a time of distress, in the context of a volatile and abusive relationship.’

Jonathan has identified a visible gap in UK law after Danielle’s death. He said: “The gap could be covered by a change of law where person to person owe each other a duty of care”, rather than it only applying to professionals in positions of responsibility.

 Jonathan pointed to a gap in the law, saying: “You can just walk away and leave someone to die.”

As it stands UK law does not require an individual to carry out a duty of care to another person, and they have no obligation to call for help. The existing duty of care law only protects children, where it is a criminal offence for a person aged 16 or over to wilfully neglect or abandon a child under their responsibility in any way likely to cause suffering (The Children and Young Persons Act 1933).

‘Danielle’s Law’ will make it a crime ‘to abandon someone in immediate danger without seeking help.’ Jonathan said: “I think people would be scared that there’d be a law where anyone can get in trouble for just walking by.”

The change in law is to target individuals who have a complete disregard of care to others, “not innocent bystanders”. A similar law has been successfully implemented in other countries, including France, Germany, Canada, and parts of the US having a ‘duty to rescue’ or ‘duty to report’ law.  

The legislative proposal outlines that a person will commit this offence if they:

–  Know someone is in immediate risk of death or serious injury

–  Are able to call for help without endangering themselves

–  And deliberately fail to call emergency services or seek help

The proposed law would provide clearer guidance for coroners and police, by creating a legal option for when someone fails to act.

Jonathan emphasised that the law would “cover gross negligence manslaughter”.

He said: “If there was accountability it would help prevent people from doing this and knowing that there would be repercussions from it, preventing other people from losing their life.”

The coroner ruled ‘on the balance of probabilities that Danielle took her own life; however, third party involvement could not be excluded and will always remain a possibility’.  

Jonathan describing his sister: “She’d light up the room straight away she was only little, but she had a massive personality. She was a great auntie, I have three kids, and she was just fantastic with them. She was so funny.

“She was in a very privileged position to be able to make a difference to three lives by donating her organs. That is something I know she would be very proud of.”

Jonathan is seeking support for the proposal in parliament and the introduction of Danielle’s Law’ The proposal is backed by former deputy Prime Minister MP, Angela Rayner and has received over 150,000 views on TikTok. It requires 10,000 signatures to generate a government response.

For information on supporting the campaign, see: Make it a crime to abandon someone in immediate danger without seeking help – Petitions

And for any support or help on domestic violence, see: Home – Independent Choices Greater Manchester