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A coroner’s inquest is an investigation (also known as a legal enquiry or fact-finding hearing) held when there is a reasonable suspicion that an individual has deceased in a violent or unnatural way, if the deceased died while in custody or state detention, or if the cause of death is unknown. Coroner inquests are fact-finding investigations, not trials. However, the findings of a Coroner’s inquest can influence civil or criminal proceedings. A coroner duty to investigate is spelled out in Section 1(2) of the Coroners Justice Act 2009. Keep reading to and learn how you can prepare for a Coroner’s inquest.
A coroner is an independent judicial officer, who is appointed by the Local Authority, to investigate the causes of death in England and Wales. Under Section 5 of the Coroners and Justice Act 2009, a coroner will inquire into the causes of death and look into the circumstances as to how death arose for the individual. In simple terms, an inquiry is directed to determine:
Coroner – The coroner will take a leading role by managing the investigation. The coroner is responsible for deciding what matters should be discussed and considered leading the scope of the inquest. It is the role of the coroner to request other individuals to attend (such as; witnesses to give evidence or a jury).
Jury – A jury may be summoned to listen to evidence, ask questions of witnesses and make factual conclusions on the evidence given. They will not normally be required except in cases where the cause of death is unknown.
Interested Persons – Interested Persons (“IP”) are entitled to attend the inquest and put questions to witnesses, by way of their relation to the deceased patient. This may include family members, a medical examiner exercising functions in relation to the death of the patient, or a person who may have caused or contributed to the death of the patient.
The inquest hearing is likely to take place in the geographical area where the deceased and their family lived at the Coroner’s Court. The inquest will start with the coroner explaining what it plans to focus on, and how it will progress. If a jury is requested, they are likely to be selected and sworn in at this stage.
The coroner is likely to hear evidence from the family first, asking them to describe the deceased and set out any issues or concerns they have. After this, the coroner will question the witnesses that have been summoned to the court – then allowing IPs, legal representatives and the potential jury to raise questions with them.
Following on, the coroner will invite any legal representatives to make submissions on the likely and appropriate conclusions. They may also invite submissions on any issues of neglect.
Under Paragraph 73 of the GMC’s Good Medical Practice, “you must co-operate with formal inquiries and complaints procedures and must offer all relevant information while following the guidance in confidentiality”. Failure to comply with the coroner’s investigation could also result in a GMC referral and a possible GMC investigation.
If you are served with a summons, you must attend an inquest to avoid being in contempt of court. Therefore, you will unfortunately be required to attend if summoned by the coroner, and must make the necessary arrangements unless you have a reasonable excuse, otherwise you will leave yourself vulnerable to the possible sanctions under Schedule 6 of the Coroners and Justice Act 2009 (such as: a fine up to £1,000 and/or imprisonment for up to 51 weeks).
You may be asked to prepare a written statement detailing your involvement in the patient’s care, or the care provided by an organisation or Trust that you work for. This statement will provide the coroner with important evidence to consider as part of their inquiry. It is paramount to ensure that all of the information included in the statement is relevant, and that it is drafted in a clear, accurate, detailed and truthful manner. The statement should be written in your words and if possible, medical terms should be avoided or thoroughly explained.
Before attending the inquest, it would be helpful to familiarise yourself with your statement and take a copy along with you so you can easily refer to your comments when giving evidence.
If you are a Medical Defence Shield member, we can help you prepare for a Coroner’s inquest, providing you with the relevant and correct advice and supporting you through the process. How team can also represent you if you are named as an “Interested Person”. Contact us as soon as you receive any correspondence which invites you to attend a coroner’s inquest or requests that you submit a statement, call our office on 0300 30 32 442 or email or case managers at [email protected].
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