A Families Guide to Inquests

If a family member has died and there needs to be an inquest into their death this can be a confusing and daunting experience. You will have lots of questions, not just about your loved one’s death, but about the inquest process. You will be expected to understand lots of legal jargon and processes involved.

This guide will cover:

• What is an inquest?
• When is an inquest necessary?
• The inquest process
• What is a pre inquest review?
• The role of a Coroner during an inquest
• Types of inquests
• How can an inquest solicitor help?
• Inquests Frequently Asked Questions

What is an inquest?

An inquest is a judicial inquiry hearing into a death. It investigates who the deceased was and how, when, and where they died. This process is not about assigning blame or liability. Instead, it aims to provide transparency and closure, particularly for the deceased’s family.

A Coroner typically leads the hearing, examines the evidence, and questions witnesses. The family and anyone acting on behalf of the family, such as a solicitor, can also question these witnesses.

Inquests are not trials. They do not seek to assign blame or determine liability for the death.

Instead, the primary goal is to provide a clear and public record of the death. This helps to ensure transparency and accountability in the legal system.. 

When is an inquest necessary?

They may be necessary if:

– The cause of death is unknown

– If the person died a violent or unnatural death If the death occurred in prisons or other institutes

– If there are suspicions an agent of the state may be a contributing cause of the death

The inquest process

The purpose of holding an inquest hearing is to answer four questions:

– Who has died?

– When did they die?

– Where did they die?

– How did they die?

Before the process begins, a pathologist will usually conduct a post-mortem examination to determine the cause of death. The Coroner then decides if an inquest needs to take place.

The process begins with the gathering of evidence. This can include medical records, witness statements, and other relevant information.

The coroner then examines this evidence. They may also question witnesses to gain a better understanding of the circumstances of the death. The family of the deceased, or their solicitor, have the right to question all witnesses.

If the inquest involves state agents like doctors, nurses, or police officers, the state usually has a lawyer present. This lawyer can also ask questions to the witnesses.

Once the team reviews all the evidence, the coroner will make a conclusion and deliver a report on their findings.

The conclusion provides a factual record of who the deceased was and how, when, and where they died. It does not assign blame or liability.

If the hearing has a jury, they will make the decision, but the Coroner will still lead the proceedings. 

What is a pre inquest review?

This is a meeting held in court to discuss the details of the upcoming inquest. This can include:

– Details of the witnesses that will be called at the hearing

– The time, date and location of the final hearing

– How long the hearing will likely take

– Whether a jury is needed

– Whether any other hearings are needed

The role of a Coroner during an inquest

The Coroner is in charge of an inquest and starts the process when someone has died in a violent or unnatural way. The Coroner determines which evidence the hearing obtains. To make sure this evidence is complete, we may need to investigate before the hearing.

The Coroner has overall authority and can request statements from witnesses and force them to give evidence in court.

Types of inquests

Mandatory inquests are often needed for violent or unnatural deaths. They also require them when the cause of death is unknown.

Discretionary inquests are those that the coroner or government official decides to hold. People usually base this decision on the circumstances surrounding the death.

They hold the hearings in public to ensure transparency and accountability in the process.

Article 2 inquests

If there is a belief that the state caused or helped cause a person’s death, the Coroner will hold an Article 2 inquest. They will hold the inquest under Article 2 of the European Convention on Human Rights. This means they are looking into whether the state has failed to protect a person’s right to life.

If the Coroner decides to hold the inquest under Article 2, the family can get legal aid. This means they can have a solicitor to help them. At an Article 2 inquest, the state will likely have legal representation.

It can help to have legal experts on your side. They can ensure that someone looks into all the facts about your loved one’s death.

Inquest hearings

The hearing is always held in a Coroner’s court, in public, and in a typical court room scenario. Press and public may attend. The Coroner’s Office will make sure everyone knows how the Inquest Hearing will take place.

Findings of an inquest

The outcome is called a conclusion. This conclusion describes the circumstances of the death.

The findings do not result in penalties or criminal charges. However, one can use the evidence obtained in subsequent compensation claims for personal injury or medical negligence.

The conclusion helps provide closure for the deceased’s family by clarifying the circumstances of the death.

The possible outcomes include:

– natural causes

– suicide

– alcohol/drug related

– accident or misadventure

– lawful killing

– unlawful killing

The impact of inquest findings

Inquest findings can lead to recommendations for preventing future deaths. These recommendations can influence public policy and safety regulations.

The findings also contribute to public health and safety. They can uncover systemic issues that may require regulatory changes.

They can lead to improvements in areas of public concern, such as workplace safety and healthcare.

How can a solicitor help?

A solicitor can help during the process by:

– Giving you advice on the inquest process and procedure, so you know exactly what to expect

– Communicating with the Coroner on your behalf

– Dealing with all the paperwork involved in the case and explaining what it means in simple language. Often, the week before a hearing, you will receive witness statements and medical records. You need to read these documents and decide what questions you want answered at the inquest hearing.

– Keeping you informed of timescales

– Answering all of your questions about the cause of death and events leading up to the death

– Providing legal representation at hearings and pre-inquest reviews

– Questioning witnesses on your behalf

I offer advice on whether the evidence shows that someone could have avoided the death.

– Also, we can help you find support to make a compensation claim for medical negligence.

Frequently asked questions

Do i need legal representation?

No, but having a lawyer is very important. It helps make sure that the details of your loved one’s death are fully investigated.

A solicitor will help you get ready for an inquest. They will handle all the paperwork and talk to the Coroner for you. They can answer your questions and advise you on what to ask at the hearing. They will also question witnesses for you and represent you during the hearing.

How much does a solicitor cost?

If the Coroner starts an inquest under Article 2, legal aid may be available. This aid will pay for a solicitor’s fees. If it’s not article 2, you might still qualify for funding. This funding can help with preparing for an inquest or a pre-inquest hearing. 

Will there be a jury?

There is no jury. The Coroner can call a jury if someone dies in custody and the cause of death is unclear. A jury will also be called in where Article 2 is engaged.

What should i wear at an inquest?

There is no specific dress code, however, you should dress in smart as inquests are formal occasions.

Can anyone attend an inquest hearing?

Inquest hearings take place in open court. This means your friends, family, press, and the public can attend if they want. Usually, the rules do not permit children under the age of 18 to attend the hearing or give evidence.

Can you have a funeral before an inquest?

It may take a few months for the hearing to happen. So, the coroner usually gives an interim death certificate after the post-mortem. They will also provide you with an order for burial or cremation.

How long do inquests usually take?

Many hearings last a few hours. However, if a person has died in complicated situations, it can take several days or even weeks.

Our inquest solicitors are led by the well-respected Michelle Gyte. The team also includes other top solicitors like Amy Fiddler and Phillipa Matthews. The team forms a specialist practice group that strongly believes everyone deserves access to justice. Contact us on 0114 2496611 and one of our advisors will be in touch to discuss your situation.