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Stephensons has a team of specialist inquest solicitors who provide expert advice and representation to families, professionals and businesses in the Coroners Courts nationwide.
Inquests can cause uncertainty at a deeply upsetting time, especially as the process is complex and can take several months. Our specialist inquest solicitors understand that attending an inquest can be a very difficult and stressful experience for anyone involved, particularly where you have lost a loved one. Our inquest solicitors believe that the participation of the family of the deceased is one of the most important considerations at an inquest.
Our specialist inquest solicitors will endeavour to provide you with the specialist advice and support to ensure that you are kept fully informed and understand the coronial process at all times, as well as obtain the vital answers to how your loved one passed away.
To speak to one of our specialist inquest lawyers, you can call us on 0161 696 6250 or you can complete our online enquiry form and a member of the team will contact you.
Our firm has developed an excellent reputation in the health and social care sectors and we pride ourselves on achieving the best possible results for our clients. We are recommended by the Legal 500 and our regulatory team won the Social Care Premier Supplier Award – Legal Category in 2022.
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 inquests.
An inquest is an opportunity for a family to understand what happened to their loved one. Our inquest solicitors can help you to ask the right questions to shed light on any failing which may have contributed to the death and ensure that the facts are fully investigated and considered. If you are a healthcare professional or business, you can view our inquest page for professionals here.
An investigation will take place before a final inquest hearing and the family should be kept updated about the progress of the investigation. It will involve the coroner obtaining any relevant evidence for the inquest and may involve taking statements from people who were present at the time of death. The postmortem will also form part of this process. Once the body has been identified, the body can be released while further information is gathered, which can usually take between four and 12 weeks. If it is confirmed that the death was due to natural causes, the investigation may be closed with no need for a full inquest. If a cause of death is still not clear, then an inquest will be listed for a hearing and the coroner’s office should be in contact with all interested parties to give notice of this.
An inquest is called where a person has died in circumstances which appear to be due to unknown, violent or unnatural causes, or the person has died in the care or custody of the state.
An inquest is a fact-finding inquiry with the purpose of determining the answers to the following questions:
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 hearing.
In specific types of case, the coroner must call a jury to hear the evidence and make the findings set out above. The coroner does not look into the blame or responsibility for the death and by law cannot deal with any other matters other than the cause of death.
Inquests can take several months to get to the final hearing and there may be preliminary hearings arranged called Pre-Inquest Review Hearings (PIRH). These set an agenda for matters to be considered at the final hearing and parties may ask for certain witnesses to be called or evidence to be provided.
The coroner is in charge of the inquest and any other parties are there to assist the coroner. The procedure is known as inquisitorial and should not be adversarial (like it would be in a civil or criminal court). Family members are able raise concerns and ask questions, however, there are legal restrictions as to what the coroner can answer. Having legal representation can help ensure that the correct questions are asked and that all relevant evidence is considered.
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 parties are entitled to legal representation and have a right to be notified about certain aspects of inquest and receive disclosure which is relevant to the inquest. They are also entitled to ask questions of any witnesses at the inquest.
At the inquest, the witnesses will either be asked to attend or will have their statements read out. After the evidence has been given, the coroner may ask the witnesses questions followed by any further questions by the interested parties or their legal representatives. The family could also be asked to provide additional background about the deceased. At the end of the inquest, the coroner (or jury) will give their conclusion.
The coroner (or jury) can provide a short form conclusion or a ‘narrative’ conclusion. A ‘short form’ conclusion is limited to a couple of words and can include:
Alternatively, narrative conclusions will usually consist of a few sentences summarising how a person came by their death.
Neglect is not a conclusion in itself but it normally features with or is attached to a short form or narrative conclusion at the end of an inquest. The coroner must be satisfied that there has been a gross failure to provide the person who died with basic needs or medical attention and there must also be a clear causal link between the gross failure and the person’s death.
An Article 2 inquest is held where it is considered that the state or a private body is implicated in a death and it requires a more thorough investigation into the circumstances of a person’s death.
In cases where there are controversial issues and family members have concerns about the cause of death, it is important to seek legal advice. Quite often, other parties such as hospitals or businesses will have legal representation which can make the process very daunting if you are alone.
Stephensons’ team of specialist inquest solicitors can represent the family, address the coroner on legal matters and submit the relevant paper work. We will also support the families by obtaining medical reports or independent expert advice. Stephensons have extensive knowledge of the inquest process and are experienced in working with coroner’s courts and professionals in a range of circumstances nationwide. Our specialist inquest lawyers can also represent you in court.
Our specialist inquest solicitors can assist you with an inquest on a private paying basis.
Public funding from the Legal Aid Agency (LAA) is available in certain circumstances. Legal help is provided to people who meet certain financial criteria but this is limited to assistance from a solicitor to prepare for an inquest only. For example, this may cover preparing witness statements or submissions setting out a family’s concerns.
You may only be entitled to exceptional case funding from the LAA, which covers legal representation at an inquest, where there is an ‘Article 2 inquest’ (when the person who died was in the care of the state or a public body at the time) or when the inquest is likely to lead to significant benefits for the wider public. The LAA would have to be satisfied that one of the above criteria is met to grant legal aid for representation and this is not means tested.
Unfortunately, we cannot offer public funding within our inquests team.
When the inquest has concluded, you will be able to get the death certificate and register the death.
A report will be published by the coroner if a risk to others is identified. If there is a chance that further deaths could occur in similar circumstances, the coroner has a duty to file a Prevention of Future Deaths (PFD) report in line with Regulation 28 of the Coroners (Inquests) Regulations 2013.
The report is shared with any interested parties who are then required to take action to prevent future risks. They have 56 days to reply, stating how they plan to take action. A copy of this report will be sent to the family and a copy posted on the chief coroner’s website together with any responses.
If you are unhappy with the outcome of the inquest or the conduct of the coroner, you can lodge a complaint to the Office for Judicial Complaints (OJC). The complaint is treated completely separately from the inquest and can take several months.
It is possible that the cause of death could result in civil proceedings and a claim for damages being made. The inquest can be very helpful in exploring evidence and the circumstances of the death, which may then give rise to a separate civil claim.
Our specialist inquest lawyers strongly advise that you seek 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.
In the case of another person or people being involved in the cause of the death, the criminal case needs to be resolved before the inquest can take place. Usually, if someone is convicted of murder during a trial, the coroner’s verdict will be unlawful killing and is compatible with the results of the criminal trial. If no trial takes place and there is no arrest or charges against anyone for an unlawful killing, an inquest will be opened.
If you require advice and representation in relation to an inquest, please call our specialist team on 0161 696 6250 or fill in our online enquiry form and our specialist team of inquest lawyers will get back to you as soon as possible.
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