Representation at an inquest: understanding the legal process

Inquest

A coroner must investigate the circumstances of a death which is violent, unnatural, sudden or suspicious or which occurred whilst in state custody. This is done by calling an inquest.

An inquest is not a trial but a limited legal inquiry into the cause and circumstances of a death, so there is no prosecution or defence, no parties or sides and no allegations. It is not an adversarial process but a fact-finding one. The coroner's role is to determine who has died, when, where, and how they died. The focus of an inquest is usually on this last issue, and there can be more searching if there is any state involvement.

A coroner is tasked with carrying out a "full, fair and fearless investigation" into the death but must not determine any criminal or civil liability. In the end, the coroner will reach a conclusion, which can either be expressed in a short form, such as "death by natural causes", or in a narrative form, which is a neutral account of the inquest's findings, allowing the circumstances of death to be set out in greater detail. Narratives are increasingly common.

If, on hearing all the evidence, the coroner believes that there are risks of future similar deaths occurring, they must send a report to prevent future deaths to the person or authority who has the power to take steps to prevent such a risk. They will need to act upon this report after it's received.

Interested person

If a coroner believes that you may be involved in the circumstances regarding the death or have an interest in it, you may be called as an interested person ("IP"). An IP will include the deceased's family and can also be a person or an organisation.

You may want to challenge this decision if you do not think you should be involved, or if you are not invited to be an IP, you may want to be offered IP status if you believe you have an interest.

As an IP, rather than being obliged, you have the right to participate in the Inquest process by attending and asking questions of the witnesses, as well as having the right to disclosure of documents and the right to be legally represented at the inquest itself.

Funding

If you are called an IP, you may have legal expenses insurance, which will fund legal representation at an Inquest, and you should check your policies. Generally, it is hard to receive funding for representation at an inquest. Families often face funding issues, meaning they may be unrepresented at an inquest, whilst the other IPs have lawyers representing them, which can be daunting.

Pre-inquest review hearings

The coroner may list the matter for one or more pre-inquest review hearings ("PIRH"). These administrative hearings involving all the IPs help plan and determine the scope of the inquest by confirming the issues being investigated and the evidence required at the inquest. It can also determine other issues, such as whether the inquest needs to be enhanced due to any state involvement or if a jury is required.

PIRHs can involve the need for technical legal arguments to be raised with the coroner, and this is one area where it is advisable to be legally represented. Directions are often made after a PIRH, dictating the steps to be taken prior to the inquest.

Witness evidence

A coroner may direct one of their officers to take witness statements, or an IP may be ordered to provide a witness statement following a PIRH or decide to offer one. There is a duty to assist the coroner with their inquiry. It is important to know what information is needed in the witness statement to ensure that it addresses the issues being investigated by the coroner, which is another area where legal representation is advisable.

The witness making the statement is likely to be called to give evidence at the inquest, and they will rely upon this statement when answering any questions from the other IPs and the coroner. If a witness providing an answer to a question is likely to incriminate themselves, then the coroner should warn them of this risk. Having a legal representative present can also protect against this risk.

Prevention of future deaths

If you or your organisation are the subjects of a prevention of future deaths report, you will have the opportunity to respond, and it is important that you take legal advice upon this response, as it will be a public document, and you may want to make your own representations. This is ancillary to the inquest process.

Further claims

Although an inquest cannot determine liability, it may reveal evidence that could assist a party in bringing a civil claim, so it is important that this is kept in mind during the process.

Contact our inquest solicitors

Our expert inquest solicitors possess the legal knowledge and experience to ensure that you, your family, and other involved parties receive the clarity and support you deserve throughout this often challenging process.

If you require representation at an inquest or any further advice on inquests, please contact Michael Mulcare at mmulcare@solegal.co.uk.

We have solicitors in London, Brighton, East Sussex, and Cumbria, and we can provide inquest representation nationwide.