An inquest is called where a person has died in circumstances where the cause of death is unknown; the person has died in violent or through unnatural causes; or the person died in the care or custody of the state.
An inquest is a fact-finding inquiry with the purpose of determining the following:
- Who was the deceased?
- When did they die?
- Where did they die?
- How did they come by their death?
In cases which involve state detention or care, the last question of 'how' may be extended into ‘how and in what circumstances’. This is known as an Article 2 or ‘Middleton type’ inquest.
Who is an ‘interested person’ in an inquest?
The coroner may grant ‘interested party’ status in an inquest to any person who the coroner thinks has a sufficient interest in the death. It is defined in Section 47(2) of the Coroners and Justice Act 2009 and can include the deceased’s spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister; or someone with involvement in the circumstances leading to the death.
Interested persons are entitled to legal representation and have the right to be notified about certain aspects of the inquest and receive disclosure which is relevant to the inquest. They are also entitled to ask questions of any witnesses at the inquest.
What is a Pre-Inquest Review Hearing (PIR or PIRH)?
The coroner may call a Pre-Inquest Review Hearing (commonly known as a PIR or PIRH) at any time during the course of an investigation and before an inquest takes place, as per Rule 6 of the Coroners (Inquests) Rules 2013.
A PIRH is an administrative hearing and its purpose is to ensure that a case is managed ‘effectively, efficiently and openly’. In particular, the coroner will usually deal with any practical arrangements for the inquest, as well as establishing the scope of the inquest and determining any legal or procedural issues prior to the start of the inquest. This will include consideration as to whether Article 2 is engaged; whether a jury is required; whether there are any matters which require further investigation; and which witnesses will be called to give live evidence, for example.
A PIRH is often held in complex cases, which often involve multiple interested parties, and there can be more than one review hearing during the course of the case where there is a justified need.
Prior to a PIRH, all interested persons should be provided with an agenda and suitable disclosure to ensure an effective hearing. Interested persons are able to make representations to the coroner at the hearing in relation to the items on the agenda.
A PIRH takes place in public, however, it is often only the interested persons and their legal representatives who attend with the coroner. It is important that interested persons take a proactive approach to these hearings and ensure that they are properly prepared. This will ensure that the final inquest is properly managed and will avoid against any unnecessary delays or adjournments to the final inquest.
What are the possible outcomes of an inquest?
The coroner can provide a ‘short form’ conclusion or a ‘narrative’ conclusion.
A ‘short form’ conclusion is limited to a couple of words and can include:
- Accident or misadventure
- Alcohol / drug related death
- Industrial disease
- Natural causes
- Road traffic collision
- Stillbirth
- Suicide
- Unlawful killing
- Open conclusion
In addition to a ‘short form’ conclusion, the coroner may also record a ‘narrative’ conclusion which will usually consist of a few sentences summarising how a person came to their death. This can often be quite helpful, particularly to families, as it provides more detail as to the circumstances of the death. It can also refer to ‘neglect’ if appropriate.
Where interested persons are legally represented, their representatives are often invited by the coroner to make submissions on the appropriate conclusion. It is therefore important that you seek advice from a specialist inquest solicitor if you need assistance with navigating the inquest process and making the appropriate submissions at the inquest.
It is also possible that the cause of death could result in civil proceedings and a claim for damages being made. For the family of the deceased, an inquest can often be very helpful for collecting any necessary evidence and exploring this evidence and the circumstances of the death, which may then give rise to a separate civil claim. It is therefore strongly advisable that you seek specialist legal representation as soon as possible so that your solicitor can be involved in the inquest preparation and ask the relevant questions. This provides the best chance of collecting all of the information necessary to make a civil claim.
Specialist inquest solicitors
Inquests can cause uncertainty at a deeply upsetting time, especially as the process is complex and can take several months. The participation of any interested person is often very important at an inquest and as your solicitor, we endeavour to ensure that you are properly prepared; you are kept fully informed; and understand the process at all times.
Our specialist inquest lawyers have provided expert advice and representation to interested parties or witnesses in inquests nationwide for many years. We have extensive experience of representing interested parties at Pre-Inquest Review Hearings and final inquest hearings, including Article 2 (Middleton) inquests.
Whether you have lost a family member or you are a healthcare professional or business, such as a care home or nursing home, our inquest solicitors can help to protect your position and ensure that the facts are fully investigated and considered.
You can contact our specialist inquest solicitors now on 0161 696 6250 or via our online enquiry form
Comments