Interested person status at inquests: legal risks and representation for businesses

Following a work-related death, a business may find itself involved in an inquest by a coroner as an “interested person”, often requiring specialist inquest representation. That status can bring significant time and cost implications, alongside reputational, regulatory and legal risks that need to be managed from an early stage.

Who is an interested person

There are no ‘parties’ in an inquest, as the process is inquisitorial rather than adversarial. Where individuals or organisations have an interest in the proceedings, they may be given rights to participate and are known as interested persons (IPs). IP status is a right, not a finding of fault, which is a common misconception and often a source of unnecessary concern.

Section 47(2) of the Coroners and Justice Act 2009 sets out several categories of those entitled to IP status, including the deceased’s family members.

A business may be identified as an IP under section 47(2)(f) where:

• A person’s (including a company’s) act or omission may have caused or contributed to the death.
• A person’s employee or agent may have done so.
• A person has a “sufficient interest” under section 47(2)(m). This is a discretionary category and can apply even without clear causative involvement, for example, where a business has a real stake in the investigation and its systems or policies may be scrutinised or criticised.

The statutory language is intentionally broad and, in practice, Coroners interpret it inclusively rather than restrictively. Recent Chief Coroner guidance and High Court authority confirm that:

• The threshold for a business to be designated as an IP is low and applied broadly, with an emphasis on involvement rather than culpability.
• Employees whose conduct falls within the scope of the investigation will usually be IPs, often requiring separate legal representation. They may be both a witness and an IP.

When a business is an interested person

If a business falls within section 47(2)(f), there is no requirement for the act or omission to be culpable. The fact of potential involvement in the death is enough to establish IP status.

A business is therefore likely to be designated as an IP where its operations are under scrutiny or criticism, or where employee conduct is in issue. That may arise in situations such as a workplace fatality on a construction site or a death within a healthcare or care setting. It can also arise where the business disputes fault and the issue is framed as an individual error rather than a systemic failing.

Being asked by the coroner to provide disclosure does not, on its own, mean that IP status has been granted.

Employee conduct

Where the focus appears to be on individual error rather than a corporate failing, employees can often be overlooked when a business considers IP status.

Current Chief Coroner guidance makes clear that where a business is an IP due to employee conduct, those employees will usually be IPs in their own right. That distinction is important where there is a difference between potential systemic failings and individual operational decisions, particularly where personal culpability may arise.

Employees should be made aware of their right to be designated as IPs, even if they choose not to exercise that right. Their entitlement does not depend on there being a conflict of interest with their employer.

Representation

Businesses should review their insurance policies carefully, as cover may be limited to representation at the inquest itself rather than earlier stages, including dealings with the coroner and any pre-inquest review hearings. Early legal advice is important to protect the business’s position.

Advice will be needed on whether joint or separate representation is appropriate:

• Joint representation may be suitable where positions are aligned, accounts are consistent, and there is no realistic prospect of blame being attributed between the business and its employees.
• Separate representation is often advisable where an employee’s actions are under scrutiny, and there is a risk of further investigation, including by the Health and Safety Executive or through criminal proceedings. In those cases, a business may seek to distinguish between individual non-compliance and any wider systemic issue.

Failing to separate representation where appropriate can create conflicts of interest and risks prejudicing any subsequent proceedings. That position should be kept under regular review.

Practical steps for businesses

As soon as a business becomes aware that it may be designated as an IP, it should seek legal advice. Immediate steps may include:

• Confirming IP status.
• Engaging with insurers at an early stage.
• Identifying relevant personnel who may be witnesses or IPs in their own right.
• Assessing whether any conflict exists between the business and its employees and deciding on joint or separate representation.
• Reviewing potential failings in systems or policies.
• Identifying evidence likely to be disclosed and reviewing relevant internal documents.
• Assessing potential exposure and reputational risk, including at any pre-inquest review hearings and the inquest itself, and considering any communications strategy if required.

Summary

Interested persons should be identified at an early stage to ensure they can participate effectively in the inquest process and that procedural fairness is maintained. The definition is broad, and businesses will often be designated as IPs where there is any operational connection to the death.

IP status does not imply fault. It provides rights, including access to disclosure, the ability to make legal submissions and to question witnesses.

Employees involved in the events may also be designated as IPs in their own right rather than simply as witnesses. Depending on the circumstances, separate legal representation may be required.

Although inquests are inquisitorial, they can carry significant legal and reputational consequences, including prevention of future deaths reports, regulatory action and potential criminal proceedings. Early legal advice is essential to manage risk and protect the business’s position.

Contact our inquest solicitors

If your business is involved in an inquest or you are concerned about potential risk, Michael Mulcare and our inquest solicitors can support you at every stage. Get in touch to speak with our inquest solicitors.