What happens at a coroner’s inquest?
A coroner’s inquest is a legal investigation to try to determine when, where and how someone has died. It is carried out by a coroner (who is a type of judge appointed and paid for by a local authority). Finding out that your loved one’s death needs to be investigated can add even more stress at a time when you’re already in the early days of grief and in shock, however we are here to help.
The law stipulates that an inquest is needed when someone’s death is unexplained, sudden, violent, unnatural, has taken place in custody or where cause of death is uncertain. Latest government statistics for 2019 show that 40 per cent of all deaths are reported to coroners.
At City Lawyers we guide clients through the process with clarity, professionalism and sensitivity. It can take up to six months, sometimes longer, before an inquest is held and there can be a lot for bereaved families to think about, but our lawyers will work on your behalf to have your questions answered.
As part of the investigation, the coroner may order a post-mortem by a specialist doctor to help determine the cause of death. In most circumstances, the coroner will release the deceased’s body once they’ve completed the initial investigation.
However, as you (the bereaved) cannot legally register the death until after the inquest, you will be given a ‘coroner’s certificate of the fact of death’ – sometimes called an interim death certificate – to help you deal with administrative matters such as funeral arrangements and certain areas of probate. City Lawyers also specialises in advising on wills, trusts and probate matters so our team can assist you with matters of probate and other practical arrangements.
Next of kin (or a close relative) are given certain rights during an inquest. These include seeing any documents that may be used, and (most) evidence that other parties have given to the coroner – known as ‘disclosure’. We work hard to make sure you see what we think is relevant. Sometimes you and others may be called as a witness – and have the right to question other witnesses – and our specialist team of lawyers will advise on relevant questions to ask and arrange representation at the inquest.
Inquests are open to the public and that includes journalists, which is why some higher profile cases are reported in the news. Recent celebrity examples have included the deaths of Love Island presenter Caroline Flack and George Michael but reporters may also be present at inquests into the deaths of victims of terrorism or people who’ve died in local road crashes. Inquests where an organisation is involved – such as a fatal plane crash or a collapse at a building site – may also generate press coverage.
However, the inquest is different to a criminal investigation – whilst the coroner has the power to issue a ‘prevention of future deaths report’ following the inquest, it is not the coroner’s role to apportion any blame in relation to the death. In some circumstances, including when the death occurred in prison or in custody, the inquest will involve a jury whose job it is to decide how a person died. Again, their job is not to point blame.
Also, if there is a criminal investigation surrounding the death and a suspect is charged, by law the inquest has to be suspended until a verdict has been delivered in criminal court.
At the end of an inquest the coroner (or jury) will form a conclusion on the cause of death. There are several options they may give, including accidental death or misadventure, industrial disease, natural causes and suicide. An open verdict is delivered when other conclusions cannot be drawn due to lack of evidence. The coroner will also then inform the next of kin of how and when the death can be registered.
Whatever the coroner’s conclusion our overriding aim is to help you through the inquest process so that you can achieve the best possible understanding of events that have led to the death of a loved one, and begin to rebuild your life.
The process may in turn enable helpful information to be disclosed which can assist in determining any potential civil claim. Certainly where the coroner issues a ‘prevention of further deaths report,’ recommendations can be made to the people or organisations who are in a position to take action to reduce any risks which have been established during the inquest.
If you would like to talk to one of our specialist lawyers about coroner’s inquests, please get in touch.