What is an Inquest?

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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.

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.