A Lawyer’s Perspective – 20 years representing bereaved families in Inquests

It is over 20 years since, as a trainee Solicitor working at Liberty, I began to understand the function and power of an inquest, and the horrendous journey many bereaved families have to bear while a Coroner (sometimes with a jury) determines, through an investigation and final inquest hearing, how, where and when their loved one came by their death. 

Inquests, which take place when an unnatural or violent death occurs (or the cause is unknown), are supposed to be an inquisitorial process, with no sides and all involved being candid and placing the bereaved family at the heart of the process. The reality is often far from that and what could and should be a way to ensure bereaved families can have any questions and concerns they have answered, instead can often become a battleground with bereaved families feeling they have to fight for a full and fair inquest. 

From the enormously restricted availability of legal aid (which has got marginally better in the past 20 years but is still woefully lacking in availability to bereaved families seeking advice regarding inquests) to facing difficult Interested Persons (the term used to describe certain participants in the inquest including always the family and an entity that may have been responsible for causing or contributing to the death) who seek to deflect attention and minimise scrutiny of their involvement in the death, and far too often, challenging and dismissive coroners sitting in courts not fit for purpose - many bereaved families have their grief and trauma arising from a death hugely compounded by the inadequate coronial system. For the families who instruct me, the legal team can provide some layers of protection. But many face the process alone, under a false reassurance that legal representation is not required and only discover at the final inquest hearing that other Interested Persons all have lawyers (which for public bodies will be paid for by the public purse). 

At the other end of the spectrum, I have seen experienced, compassionate coroners conduct fearless and thorough investigations into a person’s death. I have seen coroners and juries reach conclusions that bereaved families welcome in the strongest of terms. Nothing can undo the harm that has already been suffered, but I have no doubt that through a well-run inquest, in which a bereaved family can effectively participate, there is a prospect of a bereaved family feeling they have secured ‘justice’ for their loved one and at the very least, not exacerbating the pain they already suffer.

I have not yet mentioned the role of coroners and inquests in identifying risks to future lives. This is a tricky aspect of the process and another rollercoaster area for bereaved families. Coroners have an obligation to issue a Prevention of Future Deaths report if they consider, from the evidence they hear, that there is a risk to future lives and someone has the power to take steps to reduce it. Many bereaved families face Interested Persons arguing why such a report is not necessary (often on the basis they have made changes, for example to policies, while having argued the original policies were fine) and coroners readily accepting this. Even where reports are made (and greatly welcomed by the bereaved family), there is no monitoring of the responses and there is almost nothing a family (or Coroner) can do if a useless or no response is provided to the report. 

All in all, it may seem that there are few positives in terms of the inquest system. However, representing bereaved families through the inquest process is an incredible privilege and I urge budding lawyers to think about using their talents in this area so the problems bereaved families face are not compounded by a lack of available lawyers to support them.