A Tameside family are calling on the government to implement ‘duty to assist’ laws in the UK following the death of their daughter after a violent domestic situation in 2023.
Danielle Haggerty, 33, was found unconscious and not breathing by Greater Manchester Police on 13th March 2023, in the property of her then-boyfriend.
Danielle’s heart was restarted by paramedics at the scene, and she was subsequently transferred to Tameside General Hospital.
A CT scan showed that she had suffered irreversible brain damage.
Danielle died three days later on 16th March 2023, and her organs saved the lives of 3 people.
Police attended the property after receiving a call from a neighbour who feared for Danielle’s safety.
The neighbour described hearing objects being thrown around the property alongside a series of loud bangs. They also described hearing Danielle’s then-partner, Andy Howarth, shouting, ‘I’m going to kill you’.
The neighbour also recalls hearing someone being thrown or falling down the stairs, and Danielle crying out in pain.
Before police arrived, Danielle was locked in the property alone by Howarth and left in a highly vulnerable state.
She pleaded with Howarth through the letterbox to be let out and told a neighbour that she was suicidal.
It was only 8 weeks earlier that Danielle lost her brother Gareth to suicide.
On the day of the incident, Andy Howarth was arrested for attempted murder. In November 2024, the Crown Prosecution Service (CPS) dropped the charges due to insufficient evidence.
Danielle’s family filed an appeal, but it was later rejected.
According to the coroner’s inquest, 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, and in the immediate aftermath of a violent argument’.
While Danielle’s death was ruled a suicide, the pathologist could not rule out third-party involvement.
What are duty to assist laws?
Danielle’s brother, Jonathan Haggerty, is leading the campaign for Danielle’s Law. He believes that had duty to assist laws been in place, the outcome that day may have been different.
Duty to assist laws, also known as duty to care, act or rescue laws, refer to individuals having a legal responsibility to take the necessary actions to prevent harm to others or assist someone in peril.
This does not require an individual to put themselves in danger.
This responsibility often arises under a statute or through a contractual relationship, such as between a doctor and a patient or a parent and a child.
The UK does not currently have duty to assist laws in place.
The Minister for Victims and Tackling Violence Against Women and Girls, Alex Davies-Jones, has confirmed that the government currently have no ‘plans to change the law in this area.’
However, several countries in Europe and other continents have laws that require bystanders to provide or at least seek help for someone in danger.
These duties exceed Good Samaritan protections, making inaction punishable when an individual has the capacity to assist but fails to act.
Danielle’s family are seeking to introduce duty to assist legislation through ‘Danielle’s Law’. They believe that Howarth should have been legally obligated to seek help on Danielle’s behalf.
What is ‘Danielle’s Law’?
Jonathan Haggerty, 41, and his family are seeking to change UK law through a parliamentary petition which would introduce ‘Danielle’s Law’.
The law would make it a crime to leave somebody in immediate danger without seeking help, particularly in domestic situations.
The family hoped charges would be brought against Howarth for locking her in the property, knowing that she was vulnerable.
However, it became clear that by law, Howarth ‘didn’t owe Danielle a duty of care’.
Jonathan explained: “For him to owe her a duty of care, he would have had to have the relationship of a doctor to patient or parent to child.”
He added: “That just stayed with me. How could somebody knowingly just leave someone who they know is in mortal danger and not even call 999?
“That’s when I started mithering politicians and put in the ‘Danielle’s Law’ petition.”
The petition has surpassed 10,000 signatures and is now awaiting a response from the government. If the petition reaches 100,000 signatures, it will be considered for debate in Parliament.
Danielle’s brother has emphasised that ‘if the government want to tackle violence against women and girls, they need to put their money where their mouth is and close these gaps in the law’.
He added: “It’s clear vulnerable people are being let down by the people closest to them.”
The family argue that due to a lack of legislation around the issue, you can currently walk away from someone in clear danger of death and not have a legal responsibility to call for help.
What’s next for the campaign?
In addition to the ‘Danielle’s Law’ campaign, the Haggerty family have started FAITH.
The network is a national alliance of families who have lost loved ones because duty to assist laws don’t exist in the UK.
Roughly a dozen families are currently involved in the campaign, including the family of Kimberley Mcassey, aged 29.
The young mother was found unresponsive in the bed of her friend, Ryan Sheridan. He waited 30 hours to call emergency services.
When asked why he started the network, Jonathan explained: “I just thought the more voices the better. If I go with an isolated case, they’re not going to listen.
“It just shows that this issue is all over the country.”
He added: “I’ve put this out there, and more people are coming forward and realising they aren’t alone, and there’s a bit of hope that they could get justice.
“It’ll probably be too late for us to get justice for our families. But by closing this gap in the law, it would give us some relief. It will hold people to account in the future and prevent others from leaving someone to die.”
Last year, the family started the Haggerty Memorial Walk to honour the loss of the four Haggerty siblings: Gareth, Victoria, Danielle, and James. They raised roughly £3,500 for charity.
This year, Jonathan is in the early stages of planning the Duty of Care Challenge. He plans to walk from Catterick to Manchester in April with the hope of raising money for Women’s Aid.
Main image: Danielle’s siblings. Image credit: Jonathan Haggerty
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