A Family’s Guide to Inquests: What to Expect, Your Rights, and How to Prepare

Key Facts for Families

• – An inquest is a public court hearing led by a Coroner to establish who has died, and how, when and where the death occurred. It is not a criminal trial and does not assign blame.
• – An inquest is usually held when a death is violent, unnatural, unexplained, or occurs in state detention or custody. Not every death reported to a Coroner result in a full inquest.
• – Families may be classed as “interested persons”, which gives rights to receive information and, in many cases, take part in the hearing.
• – Some inquests are held under Article 2 (the Right to Life), where there are concerns that the State may have failed to protect a person’s life. Article 2 inquests can examine the wider circumstances of a death and may allow families to access legal aid.
• – Legal representation is not required, but it can help where the issues are complex or where public bodies are legally represented.

A Family’s Guide to Inquests

If someone close to you has died and an inquest is needed, it is completely understandable to feel overwhelmed. The process can be unfamiliar, the legal jargon can be daunting, and you may be trying to cope with grief while also being asked to engage with a formal legal process.

This guide explains, in plain English, what an inquest is, when it happens, what the hearing is for, and how families can take part. It also covers pre‑inquest review hearings, possible conclusions, Article 2 (Right to Life) inquests, and what happens after the inquest. This guide also explains Article 2 (Right to Life) and jury inquests, and what families can do at each stage.

Important note: This guide is general information, not legal advice. Every inquest is different and the Coroner inquest process can vary between areas.

What is an Inquest?

An inquest is a public court hearing led by a Coroner to establish who has died, and how, when and where the death occurred. It is not a criminal trial and does not assign blame. Inquests aim to provide answers for families, clarify the circumstances of a death, and—where appropriate—identify concerns that could help prevent future deaths.

In simple terms, the Coroner is trying to answer four questions: who, when, where and how — and in some Article 2 cases, in what circumstances.

When is an Inquest Held?

An inquest is usually held when a death is violent, unnatural, unexplained, or occurs in state detention or custody. Not every death reported to a Coroner result in a full inquest.

An inquest may be opened early and then the hearing is held later, once evidence is complete.

Who is Involved in an Inquest?

The Coroner

The Coroner is an independent judicial office holder responsible for the investigation and (where needed) the inquest. The Coroner decides the scope of the investigation and the evidence needed to answer the legal questions.

Coroner’s Officers / Coroner’s staff

Coroner’s officers support the investigation and liaise with families, witnesses and organisations (such as hospitals or the police).

Witnesses

Witnesses can include medical experts, care staff, police officers, prison staff, and other people with relevant evidence.

Family members (“Interested Persons”)

Close family members may be classed as “interested persons”, which gives certain rights in the process, including receiving information and (in many cases) participating in the hearing.

Interested persons are people/organisations with a right to participate (often the family).

Our inquest solicitors regularly represent families in deaths involving healthcare, state detention, police contact and Article 2 right‑to‑life issues. We assist families from the earliest stage through to inquest hearings and beyond.

The Inquest Process (step by step)

While every case is different, most inquests follow a similar pathway:

Step 1: The death is reported to the Coroner

Certain deaths must be reported by doctors, registrars, police or other authorities, and families can also raise concerns with the Coroner’s office.

Step 2: The Coroner makes initial enquiries

The Coroner may gather information to decide whether a formal investigation is needed and what further steps are required.

Step 3: Post‑mortem (sometimes)

A post‑mortem may be ordered to help establish the medical cause of death. This can happen even if families object, because the Coroner has legal powers to direct this as part of the investigation.

Step 4: Evidence gathering (disclosure)

The investigation can involve collecting:

• – medical records
• – statements
• – reports
• – policies/procedures
• – other documents relevant to what happened

Step 5: An inquest is opened (and may be adjourned)

In some cases, the inquest is formally opened early and then adjourned while evidence is gathered.

Step 6: Pre‑inquest review hearing (in some cases)

If the case is complex, the Coroner may list one or more pre‑inquest review hearings (PIRs) (explained below).

Step 7: The inquest hearing

The final hearing takes place in public (with limited exceptions), evidence is heard, witnesses may be questioned, and the Coroner (or sometimes a jury) records a conclusion. Family witnesses are often heard first.

If a witness doesn’t attend, their statement may be read instead.

Types of Inquests

Common situations where inquests arise:

• – Inquest after a hospital death
• – Inquest after death in custody
• – Inquest when there is death in prison
• – Inquest following a road traffic accident

These are either:

Mandatory inquests: Often needed for violent or unnatural deaths, or when the cause of death is unknown.

Discretionary inquests: Where 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.

What is a Pre‑Inquest Review Hearing (PIR)?

A pre‑inquest review is a court hearing used to plan and manage the final inquest—especially where the case is complex or involves multiple parties.

A PIR can cover:

• – The range of matters of the inquest (what issues will and won’t be examined)
• – Which witnesses will be called and what evidence will be used
• – Hearing length and scheduling
• – Whether a jury is required by law
• – Practical arrangements (remote attendance, special measures, interpreters, etc.)

What Happens at the Inquest Hearing?

Inquest hearings usually take place in a formal court setting (Coroner’s Court) and are generally held in public, which means the press and members of the public may attend (subject to limited exceptions).

At the hearing:

• – The Coroner explains the purpose and the issues to be explored (the “scope”)
• – Evidence is read or witnesses give evidence in person
• – Interested persons may be able to ask questions, often through an Inquest Solicitor
• – The Coroner (or jury, where required) reaches and records a conclusion

The Coroner controls the inquest hearing including controlling the order of witnesses

What Are the Potential Outcomes of an Inquest?

The inquest outcome is recorded as a conclusion (sometimes called a “determination” or “finding”). Conclusions can include short‑form outcomes (such as “accident” or “suicide”) or a more detailed conclusions, depending on the circumstances.

Common conclusions can include:

• – Natural causes
• – Accident/misadventure
• – Suicide
• – Unlawful killing / lawful killing
• – An open conclusion (where the evidence doesn’t allow a clear determination)

Because an inquest is not a trial, it does not impose penalties or decide civil liability—although evidence disclosed during the inquest process can sometimes be relevant to later legal proceedings, for example, a civil liberties, personal injury or medical negligence claim.

What is an Article 2 (Right to Life) Inquest?

An Article 2 inquest examines whether the State failed to protect a person’s right to life. These inquests may look beyond how someone died to the wider circumstances leading up to the death and can allow families access to legal aid.

If there is a belief that the state caused or helped cause a person’s death, the Coroner will hold an Article 2 inquest.

Where there is an Article 2 issue, the investigation may need to examine not only “by what means” someone died, but also “in what circumstances”.

Article 2 engagement can affect what evidence is examined, which witnesses are called, whether systemic failings are explored, and whether legal aid is available for family representation.

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

Do Families Need a Solicitor at an Inquest?

Families are not required to have an inquest solicitor at an inquest, but legal representation can help where the issues are complex or public bodies are legally represented.

Many inquests involve organisations that do have legal teams. When other parties are represented, families can understandably feel at a disadvantage—especially when trying to navigate complex evidence and procedure.

Legal representation can help families by:

• – Explaining the inquest process and what to expect
• – Reviewing evidence and identifying gaps
• – Helping shape the scope of issues to be explored
• – Preparing questions and family statements
• – Keeping you informed of timescales
• – Representation at hearings and pre-inquest reviews
• – Questioning witnesses on your behalf
• – Advising on any potential civil claims following the inquest

An Inquest Solicitor can help ensure the right documents are requested and the right questions are asked.

Find out more on Why Having Representation Matters at an Inquest

Funding and Legal Aid

Funding for inquest representation can be complicated.

Legal aid may be available for advice and assistance before an inquest for those who meet financial eligibility. If the Coroner starts an inquest under Article 2, legal aid may be available which will pay for our solicitor’s fees. If it’s not article 2, you might still qualify for legal aid funding. This funding can help with preparing for an inquest or a pre-inquest hearing.

Funding for representation at the inquest hearing itself may be available through exceptional case funding, particularly where Article 2 issues arise, and in certain public interest situations.

Because funding rules can change and eligibility depends on circumstances, it can help to get early advice about the options available.

We will explore all funding options for you and advise you on the best route to take. We also represent clients on a private fee basis, which will fully explained to you from the outset, if funding can not be raised.

Frequently Asked Questions for Families

Can we have a funeral before the inquest?

Often, yes. In many cases, the Coroner can release the person for burial or cremation once necessary examinations are complete, even if the investigation continues.

How long does an inquest take?

Some inquests last only a few hours. More complex inquests can take several days or longer, and investigations can take time depending on evidence, witness availability, or other proceedings.

Will there be a jury at the inquest?

Not always. A jury is required in certain situations (for example, where the death occurred in custody/state detention and in some other specified circumstances). A Coroner may also sit with a jury in some cases as required by law.

Can anyone attend?

Inquests are generally held in public open court, so people can attend and the media may report, subject to limited restrictions.

What should I wear at the inquest hearing?

There is no strict dress code, but inquests are formal court hearings, so most people choose smart, respectful clothing.

Where to Find Support and Next Steps

If an inquest has been opened you can contact Howells Solicitors for independent and free case review, where will advise you on the best next steps for your family.

If possible, we may explore funding options and apply for legal aid if your case meets the qualifying criteria.

Learn more about our Civil Liberties and Inquest team. Or if you need support preparing for or attending an inquest

Our Inquest Solicitor are led by the well-respected Michelle Gyte and team includes senior legal expert Phillipa Matthews and solicitor Jenna Kisala and Elizabeth Walton who regularly act for families at complex and Article 2 inquests. The team forms a specialist practice group that strongly believes everyone deserves access to justice.

We assist families across England and Wales, including those attending Coroner’s Courts in South Yorkshire and the surrounding regions.

Contact us on  0114 2496611 and one of our advisors will be in touch to discuss your situation.