Losing a loved one suddenly is incredibly difficult. If you’ve been told there will be an inquest, it’s natural to feel overwhelmed. Understanding an inquest is – and what to expect – can help you feel more prepared and informed.
What is an inquest?
An inquest is a legal investigation, following a sudden, unnatural, unexplained or unexpected death, which aims to answer four questions:
1) Who the deceased was.
2) Where they died.
3) When they died.
4) How they died.
What is important to understand is that the purpose of an inquest is not to allocate blame – that is the role of separate civil or criminal proceedings.
However, an inquest can still bring clarity and answers that may offer comfort. If the coroner identifies concerns about how the death happened – such as a systemic failure – they may issue a Prevention of Future Deaths report to help prevent similar deaths in the future.
The inquest may also result in information/evidence coming to light that indicates that care provided fell below a reasonable standard. Such information can be admissible as evidence in a clinical negligence claim.
Pre-Inquest Review (PIR) Hearing
A PIR hearing is an administrative case management hearing. The agenda of the PIR needs to be tailored to the particular case, but at the very least it enables the coroner to clarify the scope of the inquest, set the timetable, resolve any contention, and identify interested persons (IPs), draw up a provisional list of witnesses.
An Interested Party (IP) is a person with significant connection to the deceased or the circumstances surrounding their death – this includes family members and also persons of bodies who by act or omission caused or contributed to the death of the deceased (for example, Trust or employee of a Trust).
PIR hearings are not mandatory, and do not take place prior to all inquests. However, it is likely that a PIH hearing will take place where an investigation is more complex.
Before the inquest: The preparatory stage
The coroner will request medical records of the deceased as well as witness statements from family and/or clinicians. They will also decide who will be required to give oral evidence at the inquest.
You, the family of the person whose death is being investigated, will have the opportunity to ask questions at the inquest. Therefore, reviewing the documents disclosed to you by the coroner and ensuring nothing is missing is important.
This is something that legal representatives can help with – ensuring that missing documents are disclosed, as well as identifying relevant witnesses to the coroner and pushing for missing statements.
What to expect on the day
An inquest is generally held at a Coroner’s office, but they can take place in other municipal buildings, such as a town hall. It is a good idea to check with the coroner’s office the exact location of the inquest ahead of the day.
Inquests are open to the public, and media can attend. It is at the coroner’s discretion as to whether a child may attend an inquest, but if permitted, they may be asked to leave if causing any disruption.
Whilst they take place in a formal setting, the coroner and legal representatives will not wear wigs and gowns (typically they will wear suits). There is no formal dress code for visitors, but it is generally recommended to dress ‘smart casual’.
When speaking to the coroner, you should address them as ‘Sir’ or ‘Madam’.
After the inquest:
Hopefully the conclusion of the inquest will provide some much-needed answers. However, as mentioned above, the inquest may highlight concerns about care standards. Such information can be admissible as evidence in a clinical negligence claim.
Funding for legal representation:
There are several funding options for legal representation at inquests: private funding, funding through household insurance, representation through pro-bono (free) groups. Alternatively, if you are pursuing a clinical negligence claim, the inquest may form part of that claim as the results may help to reach an earlier resolution.
If you have been notified that there will be an inquest into the death of a loved one and you would like to find out more, please contact the Davies and Partners Medical Negligence team to see how we can hold your hand through the process.
More information about inquests, and what to expect, can be found via the links below: