Inquests

An inquest is a fact-finding exercise led by a coroner to find the answers to four questions: who the deceased was, and where, when and how they died.

The answers to these questions are recorded at the end of the inquest on the Record of Inquest. The coroner cannot make any findings about civil or criminal liability of individuals or organisations but can, and often does, explore facts which relate to criminal and civil liability.

In certain circumstances an inquest may be heard by a jury who will decide the conclusion. This type of inquest includes deaths in police or prison custody, at a workplace, or railway or air accidents.

An interested person is an individual or organisation that has been recognised by the coroner as having ‘sufficient interest’ in relation to the inquest to be given specific rights. These rights include being given access to key documents relating to the inquest and being allowed to question witnesses at the inquest hearing.

Interested persons are most likely to be:

• family members of the deceased;
• those whose actions or omissions might be seen to have contributed in some way to the death; or
• those responsible for the medical care of the deceased before he or she died.

If a coroner asks you to be a witness, this will usually involve preparing a statement and attending the inquest hearing to answer questions  by the coroner and any interested persons. The coroner has statutory powers to require your attendance.

If it is very difficult for you to attend an inquest, for example if you are ill or abroad, the coroner may agree that your evidence can be provided in a written statement which is read out to the court.

Being a witness is inevitably a challenging process. Our specialist inquest lawyers can advise you on what to expect.

Article 2 of the European Convention on Human Rights (‘Article 2’) protects the right to life. The state is under a duty not only to refrain from taking life unlawfully but also to take reasonable steps to protect life. Article 2 is engaged in an inquest when it is arguable that the state breached its duties to protect life in relation to the death under investigation.

Where Article 2 is engaged, the coroner must conduct their investigation in accordance with certain procedural obligations – they have what is known as an enhanced investigative duty.  In Article 2 inquests, the interpretation of the question of “how” the deceased died expands from “by what means” they came by their death, to “by what means and in what circumstances” they came by their death.

Coroners are under a duty to make a Prevention of Future Deaths (PFD) report where they identify circumstances that create a risk of future deaths and they consider that action should be taken to prevent, eliminate or reduce this risk.

The report is provided to the relevant person or authority who is obliged to submit a response within 56 days. Their response should detail  what actions they have taken or plan to take to avoid future deaths, or why no action is proposed. Both the reports and responses are published online, although subject to redactions where necessary. There is no right to appeal a PFD report.

There is no right of appeal as such from an inquest, but if there is evidence that a coroner has not exercised their powers fairly, reasonably or lawfully, or there is other evidence of injustice, we can advise upon the legal challenges available.

It is sometimes possible to challenge a coroner’s decision or an inquest conclusion by way of judicial review or by applying to the court for a fresh inquest in accordance with section 13 of the Coroners Act 1988.

Legal Aid for families seeking assistance with inquests is currently extremely limited although if the proposed Public Office (Accountability) Bill  (commonly known as the “Hillsborough Law”) is enacted, then this may be expanded.

Kingsley Napley does not undertake Legal Aid inquest work.