Coroner's Inquests
Our Inquests Team act for individuals, families and organisations who find themselves involved in Coroners’ Investigations and Inquests.
We advise and represent those who find themselves involved in a Coroner’s Investigation and Inquest, including:
- The family of the deceased;
- Individuals who came into contact with the deceased at key stages prior to or at the time of their death, who are asked to provide evidence to the Coroner, whether as a witness or as an Interested Person (“IP”). This could include those under criminal investigation or facing prosecution; and
- Organisations who had responsibility for, or owed a duty of care to, the deceased, such as care homes or the deceased’s employer.
Getting specialist legal advice and representation at the earliest of stages is crucial. It is important to keep in mind that the Coroner has the power to bring an Investigation to a conclusion without the need for an Inquest if cause of death is established and the death wasn’t violent or unnatural, and didn’t occur in custody or state detention.
We assist clients with:
Preparation of witness statements and the exhibiting of documentary evidence
Written and oral submissions
We can assist with making written and oral submissions to the Coroner upon, for example, the scope of the Investigation and Inquest; whether an Inquest should be suspended; and upon IP status (which provides and entitlement to disclosure of evidence in the Coroner’s possession, to ask questions of witnesses at the Inquest and to make closing submissions to the Coroner)
Representation at Mention Hearings
Representation at Pre-Inquest Review Hearings (“PIRH”)
which can be critical to setting the scope of the Inquest and the evidence to be heard
Representation at Inquests
Dealing with post-investigation and Inquest matters
For more information on Investigations and Inquests, see our FAQ's below.
We also provide specialist advice and representation to IPs facing criminal or regulatory investigations and prosecutions - see our private criminal defence page here.
A Coroner will commence an Investigation if there is reason to suspect that:
(a) the deceased died a violent or unnatural death;
(b) the cause of death is unknown; or
(c) the deceased died while in custody or otherwise in state detention.
An Investigation will generally culminate in an Inquest. The Coroner’s Investigation and Inquest is a fact-finding process: a search for the truth which doesn’t apportion blame, in order to answer the following questions:
- Who was the deceased?
- How, when, and where did the deceased come by their death?
An Investigation will generally culminate in an Inquest. The Coroner’s Investigation and Inquest is a fact-finding process: a search for the truth which doesn’t apportion blame, in order to answer the following questions:
- Who was the deceased?
- How, when, and where did the deceased come by their death?
There will sometimes be occasions where the Coroner will also need to ascertain “in what circumstances” the death occurred.
At the end of the Inquest, the Coroner will reach a conclusion upon the cause of death. There are a number of “short form” conclusions that are available, such as accident, misadventure, unlawful killing and an open verdict. In some instances, a Coroner may instead provide a narrative conclusion.
In the event that the Coroner determines that there is a risk of another death occurring in similar circumstances, a Prevention of Future Deaths (“PFD”) report will be issued, requiring the recipient organisation to respond within 56 days with written confirmation of the steps to prevent reoccurrence.
An Inquest doesn’t involve the making of express findings of fault, however, it is implicit in a decision to issue a PFD report that the Coroner has determined that something has gone wrong and that corrective action needs to be prompted.
For the family of the deceased, a Coroner’s Investigation and Inquest could provide family members with answers to questions and concerns about the death of their loved one.
The knock-on risks which arise for other IPs involved in the process could include:
- Criminal investigations being conducted (or recommenced) by, for example, the police, the HSE or the CQC, as a result of information coming to light, with the potential for subsequent prosecutions.
- Investigations being conducted (or recommenced) by a professional regulator, with the potential for subsequent professional standards/fitness to practise regulatory proceedings.
- Claim for compensation/damages being pursued by the family of the deceased.
- Adverse publicity and loss of reputation. Mention Hearings, PIRHs and Inquests are public hearings and are reported in local and national media.
- Termination of contracts: in circumstances where the death has arisen during the performance of a contract, for example by a sub-contracted care provider.
The risk of any of these scenarios arising for an IP is likely to be increased where a PFD Report has been issued.
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