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Is reform of public inquiries now on the horizon?
Natalie Cohen
Inquest law is complex and the process can be daunting and confusing. Our inquest lawyers have an established record of representing families, other interested persons and witnesses. We have acted in many high-profile cases such as the Westminster Bridge terror attack, the 7/7 London Bombings and the Fishmongers' Hall terror attack.
Although an inquest will not lead to a finding that an individual or an organisation is to blame for someone’s death, it can be a very important part of the process of holding people or bodies to account and in ensuring, where appropriate, that steps are taken to prevent deaths in similar circumstances occurring again. In some circumstances, an inquest can be the first step in deciding whether to bring a claim for damages against an employer or hospital or medical professional.
Dealing with an inquest as a family
For families, an inquest conducted by a coroner can be the first and sometimes only way of establishing how their loved one died. With this in mind, we will help to guide you through the inquest process, seeking to minimise the difficulty and distress that may arise.
Dealing with an inquest as an organisation
For senior managers and members of staff in an organisation, an inquest can be a very challenging process of scrutiny and accountability, with potentially significant reputational and commercial consequences.
Inquest lawyers
We will work together with you from the beginning to assist you through every step of the inquest process. We provide sensible advice concerning critical decisions made by the coroner throughout the process, as well as any further steps you may wish to take following the conclusion.
We are able to assist in inquests of varying contexts, including: accidental and drug-related deaths; health and safety; allergy deaths; social media; university deaths by suicide; assisted suicide; and digital legacies.
Our substantial expertise in inquests extends across the firm, including members of our public law, clinical negligence, health and safety and criminal litigation teams, allowing us to resource a truly expert team according to the context and demands of the case.
Key Inquest cases
- Representing a family in the context of criminal allegations associated with the deceased's death
- Representing the University of Cambridge in the Fishmongers’ Hall Inquests
- Representing the sisters of PC Keith Palmer, victim of the Westminster Bridge terror attack
- The 7/7 London bombings representing families of victims
- Representing interested persons in Charles de Menezes' inquest
- Advising a family in connection with challenging the coroner’s decisions on the ambit of investigation
- Representing interested persons in sensitive and complex inquests involving deaths in state custody and advising upon Reports to Prevent Future Death
- Representing the family in an inquest concerning a hospital’s failure to identify flaws in the treatment provided to a family member
- Representing a company at which a fatal accident had occurred in inquest proceedings and the related police and HSE investigation
- Following an unsatisfactory inquest into the death of a family member in hospital, advice on an application to the Attorney General under section 13 of the Coroners Act 1988 for a second inquest
- Representation of an interested person in an inquest into the death of a civilian worker in Iraq
Inquests FAQs
What is an inquest?
An inquest is a fact-finding exercise led by a Coroner to enable him or her to find out the answers to four questions:
- who the deceased was;
- where the deceased came by his or her death;
- when the deceased came by his or her death;
- how the deceased came by his or her death.
The answers to these questions are recorded at the end of the inquest on the Record of Inquest. The coroner is not allowed to make any findings about civil or criminal liability of individuals or organisations. However, in the course of the inquest the coroner is able to, and often does, explore facts which relate to criminal and civil liability. An inquest may be heard with a jury in certain circumstances.
What is an interested person?
An interested person is a person or an organisation that has been recognised by the coroner as having specific rights in relation to the inquest. For example, interested persons are entitled to receive disclosure from the coroner of key documents relating to the inquest and they are allowed to ask questions of witnesses at the inquest hearing.
Interested persons tend to fall within the following categories:
- Family members of the deceased;
- Bodies or individuals who might have been in some way responsible for the death;
- The body responsible for the medical care of the deceased before he or she died.
It is ultimately up to the coroner to decide whether or not an individual or organisation has ‘sufficient interest’ in order to be named an interested person.
What happens if I am asked to be a witness? Can I refuse?
The coroner will ask witnesses to prepare a statement, attend the inquest hearing and answer questions asked by the coroner and any interested persons. The coroner has the power to summons witnesses so you cannot refuse to attend. 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. If you need advice about what to expect, it would be beneficial to consult a specialist inquest lawyer.
What is an article 2 inquest?
Article 2 inquests are inquests where it is considered by the coroner that the state may have breached its duties under article 2 of the European Convention on Human Rights (the right to life). The main difference to a non-article 2 inquest is a legal one: the question of ‘how’ the deceased came about his or her death must be read as meaning ‘by what means and in what circumstances’. In order to answer this question satisfactorily, and ensure that if there have been any article 2 breaches then they are uncovered, the coroner’s investigation is usually broader and more flexible than in a non-article 2 inquest.
Can I get legal aid to pay for legal representation at an inquest?
Legal aid is generally not available for legal representation at inquests. There is a Legal Help scheme available to families which covers preparatory work associated with an inquest but does not cover representation at the inquest itself. Funding for representation at inquest hearings is limited to article 2 inquests or where the Legal Aid Agency determine that there is a ‘wider public interest’ in providing funding.
The public law team do not represent legally aided clients at inquests.
What is a Prevention of Future Death report?
Following an inquest, the Coroner can publish a ‘Prevention of Future Death’ report (sometimes known as a ‘Regulation 28’ report).
This happens when a Coroner has heard evidence that indicates that future deaths could be avoided if preventative action is taken. The report is provided to the relevant person or authority who has the power to enact the suggested changes. The person or authority is obliged to submit a response within 56 days, detailing what actions they have undertaken or plan to implement to avoid future deaths. Both the reports and responses are usually published online.
If you would like any further information or advice about the issues explored in these inquest FAQs, please contact any member of our Inquests Team.
What directories have said about us
Legal advice is always given with an awareness and deep experience of the wider legal context (in our case, public inquiries) and a sensitivity to the client’s objectives."
Chambers UK, 2022
They are easy to get hold of, very agile and speak plainly about what outcomes are likely and what are reasonable, which is really helpful in delicate situations.”
Chambers UK, 2022
They are outstanding; they combine high-level legal skills with real human understanding."
Chambers UK, 2021
Knowledgeable, responsive, thoughtful, professional, well networked and well connected, with a touch of elegance which goes beyond what one normally encounters in a legal firm.”
Legal 500 UK, 2021
The team is small but packs a punch well above its size: they are quick, flexible, continuously on the ball and efficient.”
Legal 500 UK, 2021
Legal advice is always given with an awareness and deep experience of the wider legal context (in our case, public inquiries) and a sensitivity to the client’s objectives.”
Legal 500 UK, 2021
Sources praise the group's abilities in 'sensitive, high-profile, politically inflected work' and attest that 'what is really refreshing is their commitment to their clients and the care they take'..."
Chambers UK, A Clients Guide to the UK Legal Profession
Jonathan Grimes
Partner
James Bell
Partner and Head of Department
Emily Carter
Partner
Sophie Kemp
Partner and Head of Department
Fred Allen
Senior Associate
Sahil Kher
Senior Associate
Harriet Humphrey
Professional Support Lawyer
Andrea Wadden
Associate
Sameera Abdulrehman
Associate
Andrea Dalling
Professional Support Lawyer
Charlie Roe
Associate
Harriet Kirsopp
Paralegal
Latest blogs & news
A Plethora of Public Inquiries
This article was first published by New Law Journal on 4th August.
The inquest process during COVID-19 restrictions
Inquest proceedings, like other legal proceedings in the UK, have been significantly affected by social distancing restrictions and advice arising from the COVID-19 crisis. This blog looks briefly at the impact of the Coronavirus Act 2020 on proceedings, and examines the Chief Coroner’s guidance notes to coroners working during the crisis.
Suicide Inquests
Inquests are always very sad affairs, and when the court is considering a suicide, it is particularly difficult for the loved ones of the person who has died.
London Climate Action Week: Cutting through the London smog - the big question still to be answered about the death of Ella-Kissi Debrah
At the end of the inquest in 2014 into the death of Ella Kissi-Debrah, the coroner concluded that this nine year old girl suffered an asthma attack, followed by a seizure, and died after unsuccessful resuscitation. This is one possible answer to the question of how Ella died. However, there is clearly a bigger question which needs to be answered.
The grey area between Article 2 and ordinary medical negligence? The High Court considers Parkinson and the deaths of vulnerable people in care homes
As we discussed in our recent blog, some inquests will automatically be designated ‘Article 2 inquests’ if the deceased died whilst under the control of the state. Other inquests will only become Article 2 inquests if there is evidence of systemic failures of processes and systems to protect life. Therefore a case of ordinary medical negligence would not trigger Article 2, as confirmed in Parkinson [2018] 4 W.L.R 106.
What is an 'Article 2 inquest' and why does it matter?
In June 2018 the government announced that some bereaved families should find it easier to access legal aid funding for representation at inquests. The updated guidance issued by the Lord Chancellor allows caseworkers to waive the financial means test “for cases where the state has a procedural obligation to hold an inquest under Article 2”.
Over £450,000 for the state and £0 for PC Palmer’s family at the Westminster Bridge Inquest - how the inequality of arms at inquests looks set to continue
In February 2019 in its Final Report on the Review of Legal Aid for Inquests, the Ministry of Justice confirmed that it would not be introducing automatic public funding for families at inquests where the state is legally represented. This is hugely disappointing news for families, such as the family of PC Palmer, who have experienced the reality of an inquest where the state has the benefit of a highly experienced and well-resourced legal team while they are left to try and find lawyers prepared to represent them for free.
The High Court’s decision is (sometimes) final: the Court of Appeal confirms the decision of a coroner in relation to witnesses and the risk of harm caused by giving evidence
The husband and children of the school teacher, Ann Maguire, who was murdered by a pupil, William Cornick, in her classroom in April 2014 have been unsuccessful in their attempt to appeal against the decision of the High Court to dismiss their claim for judicial review of a decision of the Assistant District Coroner for West Yorkshire.
Coroners to investigate still born deaths
Today, the Health Secretary announced “a new maternity strategy to reduce the number of stillbirths. This strategy centres on the investigation of still birth deaths by the new Healthcare Safety Investigations Branch but it also included a planned change in the law to allow coroners to investigate full term still birth deaths. Currently there is no requirement for a doctor to refer a still birth death to the local coroner.
Legal update: When an inquest is still necessary after criminal proceedings in order to comply with Article 2
In the recently reported case of R (Silvera) v HM Senior Coroner for Oxfordshire [2017] EWHC 2499 (Admin), the Divisional Court looked at the investigative duties placed on the state by Article 2 of the European Convention on Human Rights and the importance of the coronial process in ensuring that those duties have been met.
The Coroner’s decision is (almost always) final: the Court’s approach to judicial review of inquest proceedings
The recent decision of Mr Justice Holroyde in R oao Donald Maguire and ors v The Assistant Coroner for West Yorkshire (Eastern Area) [2017] EWHC 2039 provides a salutary reminder of just how difficult it is successfully to judicially review the ‘case management’ decisions of a coroner – in this case a decision as to which witnesses to call at an inquest – and of the costs risks of bringing such a challenge.