Inquest Solicitors

The purpose of an inquest is to answer four questions:

• Who has died?
• When did they die?
• Where did they die?
• How did they die?

The inquest will look at the circumstances of the death to understand whether Article 2 – the human right to life – has been breached.

The inquest itself does not blame individuals or organisations, but it does provide the opportunity for a full investigation into a person's death.

Many inquests last only a few hours. But if the circumstances are complicated – especially in Article 2 cases – it could take several days or even weeks.

The inquest is usually opened soon after the death, but the hearing won’t take place until investigations to gather evidence are complete. During this time, the Coroner can issue an interim death certificate so you can hold a funeral and take care of the person’s financial affairs.

Coroners must hold inquests within 6 months of being notified of a death. If more than 12 months has passed and the inquest has not concluded, they must notify the Chief Coroner.

An inquest is held to determine how and when a person died if their death was in violent or unexpected circumstances. If the state was involved in the person’s death they will have legal representation at the inquest and for what is known as 'equality of arms' the family of the deceased will need to have legal representation too.

Having legal representation at inquest is very important to ensure the circumstances surrounding your loved one's death are thoroughly investigated. If your loved one died in police custody or after contact with the police, the police officer(s) in question may have their own legal representation too. It's crucial to have expert lawyers on your side who have the experience and expertise to get you the answers you need and ensure all the facts are fully looked into. The Coroner decides what evidence is obtained for the inquest. To ensure this evidence is as comprehensive as possible, it may be necessary to conduct an investigation before the inquest. We can help gather evidence and prepare your case so that all the necessary information is seen at the inquest itself. Some inquests have a jury, which can add to the complexity of the process. There might be legal technicalities to address about the conclusions drawn by the jury or Coroner. Having the right expertise on hand is vital to guide you through the process and make sure you find out the truth about your loved one's death. Our legal expertise can also ensure that the right action is taken following the inquest. An inquest itself will not blame individuals or organisations for the death of a person - but it can be crucial in determining the failings that contributed to your loved one's death. We will make sure that those responsible are held to account following the findings of an inquest.

Before the inquest begins, a pathologist will usually conduct a post-mortem to determine the cause of death. If you are unhappy with the results of the post-mortem, you may request a second post-mortem at your own expense. It is up to the Coroner what evidence is obtained for the inquest. We can help with this process and make sure investigations and reports are commissioned to ensure the evidence that is seen at the inquest is as comprehensive as possible.

The inquest hearing is held once all the evidence is compiled. This is usually within a few months of the death, but sometimes it can be longer if further investigations are needed. At the inquest itself, the Coroner will call each witness to give evidence. If witnesses do not appear in person their witness statement will be read by the Coroner in their place. If family members are called as witnesses, they will usually give evidence first. The inquest is not held to establish criminal liability. However, its findings can be very important in then pursuing a case against the persons or organisation responsible. At the end of the inquest the Coroner will deliver a report into their findings. Our guide to attending inquests gives you more information about what to expect and how Irwin Mitchell can help.

Under the European Convention on Human Rights, Article 2 is the right to life. If the state has somehow been involved in a person’s death the Coroner will call an Article 2 inquest and as well as the above four questions, the hearing will also address:

In what circumstances a person died

Examples of an Article 2 inquest are where a person has died:

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

If the inquest finds there has been a breach of Article 2, you may be able to bring a claim for compensation under the Human Rights Act.