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Inquest Farleys Solicitors LLP
Inquest Farleys Solicitors LLP

What is an Inquest?

What is an Inquest?

An inquest is a public hearing in which a Coroner seeks to establish when, where and how a death occurred. An inquest is usually held following a death in which the cause is unclear, or a death that occurred whilst a person was in the care of the state. This can involve deaths in prison, police custody or in a hospital (where the care given is called into question).

Bereaved family members of the deceased can attend the inquest as properly interested persons, and Farleys can provide specialist representation in this regard. Close relatives such as husbands, wives, civil partners, parents or children automatically become PIPs. This special status is generally granted to siblings and long-term partners too, at the discretion of the Coroner.

Here at Farleys, our expert solicitors will ensure that you are represented by experienced advocates and help you to obtain as much out of the inquest as possible. We can assist you throughout all stages of the process – from the initial investigation into the death, through to any inquest heard before a Coroner.

If the Coroner has a credible reason to suspect that the state was involved – in other words if it could have caused, contributed to or failed to prevent the death of the deceased – they will call what’s known as an Article 2 inquest. The state will automatically have legal protection at an Article 2 inquest, so our solicitors can provide invaluable expert advice and assistance as we present your side of the case. Our aim throughout will be to make sure that all the facts about your loved one’s death are properly investigated, and that appropriate action is taken where necessary.

FAQs

What verdicts can the Coroner deliver?

An Inquest is not a trial, and as such, the Coroner is not there to establish blame for the death that could result in conviction. The Coroner does have the power, however, to investigate the acts of others that may have contributed to the death. Should the Coroner conclude that the actions of others have contributed to the death, he/she can return a narrative verdict detailing this, and will often make recommendations to any authorities involved to suggest changes to implement that may reduce the risk of recurrence.

Will there be a Jury?

The inquest may be held with or without a jury, dependent upon the circumstances of the death. A jury is required when the death occurred in prison, concerns the health and safety of the general public, or involved an occurrence that needs to be reported to a Government department or body.

Why do I need legal representation?

Due to the fact that Inquests are rarely reported in the media, aside from where a high profile death has occurred, the Inquest process is often shrouded in mystery, leaving those who suddenly have to face Inquest proceedings very much in the dark.

The solicitors at Farleys endeavour to explain everything to the families of the deceased in clear and simple terms, helping them to understand the Inquest process and feel in control of what is going on around them at such a distressing time.

Families have the right to ask questions during Inquests, either themselves or through a representing solicitor. Because we are experienced in this area and have detailed knowledge of Inquest proceedings, we can assist you in obtaining as much information as possible.

When is a death reported to the Coroner?

A death is reported to the Coroner in one or more of the following circumstances:

• A doctor did not treat the person during their last illness
• The deceased was not seen to or treated by a doctor for the condition from which they died, within 28 days before their death
• The cause of death appears to be sudden, violent or unnatural (such as an accident, murder or suicide)
• An industrial disease of the lungs (such as asbestosis) contributed to or caused the death
• The death occurred in any other circumstances which might require investigation

A death in hospital should be reported if:

• There is credible suspicion regarding negligence or misadventure regarding the treatment of the person who died
• The person died before a provisional diagnosis could be made, and the GP isn’t willing to certify the cause
• The administration of an anaesthetic contributed to the person’s death (directly or indirectly)

A death should be reported to a Coroner by the police when:

• A dead body is discovered
• The death is unexpected, or unexplained
• The death occurred in suspicious or unclear circumstances

What verdicts can the Coroner deliver?

An inquest is not a trial, and as such, the Coroner is not there to establish blame for the death that could result in a conviction. The Coroner does have the power, however, to investigate the acts of others that may have contributed to the death. Should the Coroner conclude that the actions of others have contributed to the death, he/she can return a narrative verdict detailing this, and will often make recommendations to any authorities involved to suggest changes designed to prevent anyone else from dying in the same circumstances.

Will there be a jury

The inquest may be held with or without a jury, dependent upon the circumstances of the death. A jury is required when the death occurred in prison, concerns the health and safety of the general public, or involved an occurrence that needs to be reported to a Government department or body.

What is the purpose of an inquest?

An inquest is a public judicial inquiry which aims to establish the answers to a set of key questions:

• Who was the deceased?
• When and where did they die?
• What was the medical cause of their death?
• How did they come by their death?

The Coroner may already have the answers to a few of these questions by the time the inquest begins (for example, they may already know the identity of the deceased). Normally, the ‘how’ question is the core focus of the investigation. Since the inquest is a fact-finding process, the Coroner is not empowered to make judgements on whether or not anyone was to blame for the death – that’s for the courts to decide.

How can we help at Farleys Solicitors?

We have a wealth of experience in assisting families at this difficult time, and we focus on supporting you with professional legal advice and assistance, distinguished by our personable and empathetic approach. Our priority is to do everything we can to make it simple and more straightforward for you.

We provide a range of specific services related to inquests, including supporting you on getting the ball rolling on the initial investigation, and addressing matters of law relating to the inquest. We can also submit questions to the Coroner on your behalf, and help you deal with the media when applicable. If the death is found to have been avoidable, we may be able to help you pursue a civil claim.

What is an Article 2 inquest?

An Article 2 inquest is an investigation into a death which the state may be in some way culpable for, either partially or fully. It’s named for Article 2 of the European Convention on Human Rights, which says that all human beings have a right to life. Article 2 inquests often have a particular focus on the circumstances in which someone died.

Article 2 inquests often involve people who have died:

• In custody or in prison
• In a psychiatric hospital
• As a result of lethal force from a police officer

If the Coroner concludes that the death involved a breach of Article 2, then you may be able to bring a claim for compensation under the Human Rights Act.

How long does an inquest take?

It varies. Many inquests take a few hours, but more complex cases can naturally take longer. Article 2 inquests in particular can take days or even weeks.

The inquest itself is generally held soon after the death has occurred, but the subsequent hearing is held only once all investigations have concluded. These tend to take a few months on average, unless more time is necessary. The Coroner is empowered to issue an interim death certificate so that the family can hold a proper funeral in the meantime, as well as handle any associated financial and administrative affairs.

Coroners must hold an inquest within 6 months of being notified of the death, wherever possible. If they are not able to do this within 12 months of the death, they’re legally required to notify the Chief Coroner.

Whatever the specifics of your own case, you can always rely on our solicitors here at Farleys to help and support you as much as we can, and keep you involved and up to speed on the progress of your case.

Why do I need legal representation?

Due to the fact that Inquests are rarely reported in the media, aside from where a high-profile death has occurred, the Inquest process is often shrouded in mystery, leaving those who suddenly have to face Inquest proceedings very much in the dark.

The solicitors at Farleys endeavour to explain everything to the families of the deceased in clear and simple terms, helping them to understand the Inquest process and feel in control of what is going on around them at such a distressing time.

Families have the right to ask questions during Inquests, either themselves or through a representing solicitor. Because we are experienced in this area and have detailed knowledge of Inquest proceedings, we can assist you in obtaining as much information as possible.

Contact our Specialist Inquest Team

To speak to a solicitor at Farleys to discuss obtaining legal help to prepare for and represent you during an Inquest, call 01254606008 or email us.

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