Inquests

The role of the Coroner

At the heart of an inquest is the Coroner. Their primary duty is to investigate deaths within their jurisdiction and determine the cause of death. This involves examining evidence, hearing from witnesses, and reaching a conclusion. Coroners can also make recommendations to prevent future deaths, which can be instrumental in improving public safety.

When is an inquest necessary?

An inquest is typically held when:

• A person dies in custody or following police contact;
• A death occurs in state or private institutions, such as hospitals or care home;
• The cause of death is unknown or unexplained;
• Death occurs as a result of an accident or industrial incident;
• There are concerns about the circumstances surrounding the death.

The inquest process

The inquest process typically involves the following stages:

1. Notification of death: The coroner is informed of the death, which can be by various means, including medical professionals, police, or next of kin.
2. Investigation: The Coroner investigates the circumstances of the death, gathering evidence and interviewing witnesses.
3. Pre-inquest review: A preliminary hearing, if required can assist by discussing and finalising the scope of any inquest as well as any further procedural matters. This may include whether to assign an individual an Interested Person (“IP”).
4. Inquest hearing: The main hearing where evidence is presented and the Coroner reaches a conclusion.
5. Conclusion: The Coroner records a conclusion, which can be one of several options, such as accidental death, suicide, unlawful killing, or narrative verdict.

Interested Persons (“IP”)

Section 47 of the Coroners and Justice Act 2009 lists several individuals who should be named an IP in an inquest. They may include:

• Members of the bereaved family
• Medical examiners
• Any person whose act or omission may have caused or contributed to the death

Or anyone who the Coroner believes has a sufficient interest. If an individual is not appointed an IP by the Coroner, they may apply in order to be recognised as one. This is a matter which is regularly discussed at the outset of an inquest in Pre-Inquest Review Hearings (“PIRH”).

When an individual has been appointed an IP, they will have the right to participate in the inquest and they are given two fundamental rights; the right to disclosure and to ask questions during the proceedings.

As well as the expansive variety of people who may be assigned IP status, there also comes a number of objectives that each party are seeking to achieve from the inquest. Those closest to the deceased, may want to understand how and why they came to their death. Others may want to learn from the inquest and understand how they can improve practices, such as Health and Safety Procedure to ensure there are no further deaths in the future. There may also be individuals who seek to ensure there is no criticism of them, or associated businesses, all the while handling the matter with sensitivity and keeping the deceased at the heart of the inquiry.

The Importance of Legal Representation

Inquests can be complex proceedings, and having legal representation is crucial for all IP’s. Especially at the outset of proceedings when an individual may want to consider their involvement in an inquest and the advantages and disadvantages of this. The need for representation may be required post an inquest if the Coroner may conclude that there is a risk of future deaths and a prevention of future death report (“Regulation 28 Report”) may be ordered. Whoever the report is served on, they are required to respond to it within 56 details to set out any action taken or explain the lack of it.

In most circumstances, early advice as to how to respond and participate in an inquest is fundamental.