Inquest solicitors

Why choose the inquest solicitors at Stephensons?

Our firm has developed an excellent reputation in the health and social care sectors and we pride ourselves on achieving the best possible results for our clients. We are recommended by the Legal 500 and our regulatory team won the Social Care Premier Supplier Award – Legal Category in 2022.

Our specialist inquest lawyers have provided expert advice and representation to interested parties or witnesses in inquests nationwide for many years. We have extensive experience of representing interested parties at pre-inquest review hearings and final inquest hearings, including Article 2 inquests.

Whether you have lost a family member or you are a healthcare professional or business, such as a CQC registered care home or home care provider, our inquest solicitors can help to protect your position and ensure that the facts are fully investigated and considered.

Inquest FAQs

What is an inquest?

An inquest is called where a person has died in circumstances which appear to be due to unknown, violent or unnatural causes, or the person has died in the care or custody of the state. An inquest is a fact-finding inquiry with the purpose of determining who died; when; where; and how they came about their death.

In cases which involve state detention or care, the last question of 'how' may be extended into how and in what circumstances. This is known as an Article 2 or ‘Middleton type’ inquest hearing.

Who is an interested person in an inquest?

The coroner may grant ‘interested party’ status in an inquest to any person who the coroner thinks has a sufficient interest in the death. It is defined in Section 47(2) of the Coroners and Justice Act 2009 and can include the deceased’s spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister; or someone with involvement in the circumstances leading to the death.

Interested parties are entitled to legal representation and have a right to be notified about certain aspects of inquest and receive disclosure which is relevant to the inquest. They are also entitled to ask questions of any witnesses at the inquest.

What are the possible outcomes of an inquest?

The coroner can provide a ‘short form’ conclusion or a ‘narrative’ conclusion. A ‘short form’ conclusion is limited to a couple of words and can include: accident or misadventure; alcohol / drug related death; natural causes; suicide; or unlawful killing, for example. ‘Narrative’ conclusions will usually consist of a few sentences summarising how a person came by their death.

What is an Article 2 inquest?

An Article 2 inquest is held where it is considered that the state or a private body is implicated in a death and it requires a more thorough investigation into the circumstances of a person’s death.

What is a Prevention of Future Deaths Report?

Following an inquest, a Coroner may issue a Prevention of Future Deaths (PFD) report in accordance with Regulation 28 of the Coroners (Investigations) Regulations 2013. A PFD report can be issued to a person, organisation, local authority, government department or agency, where the Coroner believes that action to address some of the identified concerns should be taken to prevent potential future deaths.

The report is shared with any interested parties, who are then required to take action to prevent future risks. They are given 56 days to reply, stating how they plan to take action. A copy of this report will be sent to the family and a copy of the report and any responses posted on the chief coroner’s website.

Can the Coroner make a finding of neglect?

Neglect is not a conclusion in itself but it normally features with or is attached to a short form or narrative conclusion at the end of an inquest. The Coroner must be satisfied that there has been a gross failure to provide the person who died with basic needs or medical attention and there must also be a clear causal link between the gross failure and the person’s death.

What are the likely consequences of an inquest?

An inquest takes place in an open court, which means that in high profile cases, the press and media are able to attend. Our specialist inquest lawyers can advise you on how to handle the press and assist you in making an appropriate response to protect your reputation and business.

If you are issued with a Regulation 28 Prevention of Future Deaths Report, our inquest lawyers can assist you in preparing an appropriate response to the coroner within 56 days, as well as advise on any subsequent regulatory or criminal investigation or prosecution.

It is possible that the cause of death could also result in civil proceedings and a claim for damages being made by the deceased’s family.

Can you complain about an inquest outcome?

If you are unhappy with the outcome of the inquest or the conduct of the Coroner, you can lodge a complaint to the Office for Judicial Complaints (OJC). The complaint is treated completely separately from the inquest and can take several months.

How can I fund inquest representation?

Our specialist inquest solicitors can assist you with an inquest on a private paying basis or through an applicable legal expenses insurance policy. We are happy to assist you in determining whether you have any such cover.