Clinical Negligence: Inquests

What is an Inquest?

An Inquest is a public investigation conducted by a Coroner to establish the facts relating to a death. It is notdesigned as a meansof apportioning guilt or blame on a party, but is rather to ascertain who the deceased was andwhen, where and how they came by their death.

As an Inquest is a public inquiry it can serve:

• To determine the medical cause of death
• To allay rumours or suspicions
• To draw attention to the existence of circumstances which, if not remedied, might lead to further deaths in the same manner (this may include identifying deficiencies in public systems)
• To advance medical knowledge
• To preserve the legal interests of the deceased person‘s family, heirs or other interested parties

Who is an “Interested Person” to an Inquest?

An Interested Person is one who satisfies the Coroner that they have a right to examine a witness at the Inquest.
The list includes:

• A member of the deceased‘s family (who can represent themselves or instruct Solicitors to represent the family on their behalf)
• A beneficiary under the deceased‘s life insurance policy and the Insurance company
• Any person/body whose act or omission may have caused or contributed to the cause of death
• A Trade Union if the death was caused in the course of employment or by an industrial disease
• An Inspector appointed by an Interested Party or a relevant government department, such as the Commissioner for Mental Heath
• A Chief Police Officer
• Any other person who the Coroner deems to be ‘properly‘ interested

Will there always be an Inquest Hearing?

No, the Coroner may determine that there are no uncertain or unnatural factors as to the cause of death and decide that there is no need to hold an Inquest. In such circumstances he or she will record a verdict of natural death and report this to the Registrar of Deaths.

If you consider that there should be an Inquest hearing then the Coroner will hear submissions on this from you if you are considered to be an Interested Party to the proceedings.Youshould communicate your concernsas soon as possible after the death by contacting the Coroner‘s Officer.

Who can attend an Inquest Hearing?

As Inquests are public hearings any member of the public can attend the hearing. This includes members of the press and therefore the proceedings may be reported by the local or national media.

What is an Article II Inquest?

Article II of the European Convention of Human Rights gives an individual a ‘Right to Life‘.The government may have breached an individual‘s right to life when the deceased‘s death involved a government agency such as the police, the prison service orif the person died while detained under the Mental Health Act. Other government bodies can also be included in this list.

Article II is engaged in the context of the Inquest process when the Coroner is satisfied that the state is under a duty by way of the Convention to investigate the cause of death where the deceased was under the protection of the state or an agency of the state at the time of their death.

The majority of Article II Inquests will be heldwith ajury. Juries may also be called in other circumstances butmost inquestsare heard without one.

Do I need legal representation at the Inquest Hearing?

This is a matter for you to decide; there is no requirement in law for an Interested Party to be legally represented and you are entitled to represent yourself or take no part in the hearing and simply observe should you wish to do so.

However there are circumstances when a family in particular may wish to instruct solicitors to represent their views in relation to the death, particularly when the circumstances are questionable or they have serious concerns as to how their loved one came by their death and in what circumstances.

In particular in Article II Inquests there is a duty on the Coroner to encourage a family to seek representation as failure to do so may result in a breach of Article II rights.

How will I pay to be represented at an Inquest Hearing?

If there is a significant wider public interest in you having legal representation or the Coroner has decided to hold an Article II Inquest then you may be entitled to apply to the Department of Constitutional Affairs for a grant of “exceptional public funding” towards the legal costs of being represented at the Inquest hearing. Any grant is still ‘means tested' which means that they will take into account your financial circumstances when assessing how much, if anything, they will contribute towards your legal costs. A grant is not automatically made. However in such cases it is often worth applying regardless of your financial circumstances as some contribution might be made.

If it is not an Article II Inquest then you will not be entitled to apply for public funding and will need to fund the costs privately. You may have a legal expenses insurance policy which will cover the costs. Alternatively, Barcan Woodward may be able to offer you a Conditional Fee Agreement (No win - no fee) if you are considering bringing a compensation claim after the Inquest.

Support Groups for families:

The charity group ‘INQUEST‘ provides support and information to families who have to cope with the Inquest process following the death of a loved one. Barcan Woodward is a member of their lawyers' support group.

Should you require bereavement support you can ask for help from the following charities:

Cruse Bereavement Care
CompassionateFriends

Free legal Advice

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