Losing a loved one is devastating, and facing an inquest can bring difficult questions about what happened and whether more could have been done. Inquests can involve extensive medical records, witness statements, investigation reports and evidence from doctors, public authorities and other professionals. Our Inquest Team represents bereaved families and other Interested Persons throughout the process, helping them understand the evidence and ensuring the issues that matter to them are properly explored.
We obtain and review the available evidence, identify inconsistencies or unanswered questions and advise on the issues the Coroner will investigate. At the inquest itself, we can question witnesses and make submissions on your behalf, ensuring that relevant evidence is properly examined and that you understand what is happening throughout the hearing.
Led by Partner Sarah Griffiths-Jones, our team represents clients nationwide and has decades of combined experience in complex inquests involving medical evidence, public authorities, multiple Interested Persons and Article 2.
We understand that funding is often a significant concern. We can advise whether you may be entitled to legal aid to fund our work and whether other options, such as legal expenses insurance or private funding, may be available.
Inquests We Can Help With
Inquests can arise in very different circumstances, from an unexpected death where the cause is unclear to a complex investigation involving the actions of several public authorities. The issues the Coroner will need to consider, the evidence required and the extent of the investigation will depend on how and where the death occurred.
Our inquest solicitors can advise and represent clients in cases involving:
- deaths following mental health treatment or contact with mental health services;
- deaths in psychiatric hospitals or while detained under the Mental Health Act;
- deaths in prison, police custody or other forms of state detention;
- deaths following medical treatment or where concerns have been raised about the care provided;
- deaths in care homes, supported accommodation or other care settings;
- suicide and other unexpected deaths where there are questions about the involvement of healthcare services or public authorities;
- deaths following road traffic collisions; and
- other deaths where the actions of an individual, organisation or public authority may be examined by the Coroner.
Who We Represent at Inquests
We most commonly act for bereaved families, advising them on their status as Interested Persons, the evidence, preparation for hearings and the issues to raise with the Coroner.
We also represent other Interested Persons, witnesses and individuals whose actions may be examined during an inquest. This may include advising on the possibility of parallel criminal, regulatory or professional proceedings and the wider consequences of evidence given at the inquest.
Recent Inquest Cases
Our solicitors have represented families and other Interested Persons in inquests involving a wide range of circumstances. Recent examples of our work include:
Representing a bereaved family at a week-long jury inquest, which concluded that the actions of the police during a pursuit contributed to the death.
- Advising a bereaved family in connection with a Prevention of Future Deaths report addressed to the Home Office and South Wales Police, following findings that their policies had contributed to the death of the family’s son.
- Advising the family of a person who died by suicide following an overdose and a longstanding history of mental health difficulties.
- Advising the family of a person diagnosed with paranoid schizophrenia who died by suicide following an overdose while living in a placement commissioned and funded by the Health Board.
- Advising the family of a person diagnosed with emotionally unstable personality disorder who died by suicide by ligature while living in a placement commissioned and funded by the local authority.
- Representing a bereaved family at an inquest concerning a death in a house fire. The Coroner reached a narrative conclusion that there was insufficient evidence to establish that the fire had been started intentionally.
- Representing a bereaved family at an inquest concerning a death following an accident involving a care provider, in which the deceased suffered a haematoma.
Contact:
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Understanding the Inquest Process
A Pre-Inquest Review Hearing, often referred to as a PIR, is a preliminary hearing held before the final inquest. PIRs are commonly used in more complex cases, and there may be more than one as the investigation progresses.
Important decisions may be made about the scope of the inquest, the witnesses who will be called, what evidence must be disclosed and whether expert evidence is required. The Coroner may also consider whether Article 2 is engaged, whether the inquest should be heard by a jury and which individuals or organisations should be recognised as Interested Persons.
These decisions can determine which issues and evidence are examined at the final hearing. We can make submissions about the scope of the investigation, identify further evidence or witnesses that may be required and respond to submissions made by public authorities or other Interested Persons.
Article 2 inquests most commonly arise following deaths in prison, police custody, psychiatric detention and, in some circumstances, hospitals or other care settings where public authorities were responsible for the person’s safety. Article 2 of the European Convention on Human Rights protects the right to life and may require an enhanced investigation where there may have been a failure by the state to protect it.
The investigation may extend beyond the immediate cause of death to examine decisions made by public bodies, communication between agencies, risk assessments, policies and possible systemic failings.
Reviewing the evidence
We review the available evidence, which may include medical records, witness statements, post-mortem evidence, incident reports, CCTV, policies and expert reports. We look for gaps or inconsistencies, build a clear chronology and consider whether the evidence supports the accounts given by the organisations involved. This can reveal the need for further disclosure, additional witnesses or independent expert evidence.
Statements and questions
We can help family members prepare statements and identify the questions they want the inquest to answer. We then consider which witnesses those questions should be put to and what evidence may be needed to explore them properly.
The pen portrait
The Coroner may also invite the family to provide a pen portrait describing the person who has died, their life and what they meant to those close to them. We can help you prepare this so that it reflects your loved one as a person and says what you want the Coroner to understand about them.
The Coroner determines the scope of the inquest, including which events, decisions and evidence will be examined. All inquests consider who died and how, when and where the death occurred. In an Article 2 inquest, the investigation may extend to the wider circumstances in which the death occurred.
Disagreements can arise about whether earlier events, the actions of particular organisations or possible systemic failings should form part of the investigation. We can make submissions about the issues that should be included and explain why particular evidence or lines of questioning are relevant to the Coroner’s conclusions.
At the end of the inquest, the Coroner will reach a conclusion based on the evidence. This may be a short-form conclusion, such as natural causes, accident, suicide, unlawful killing or an open conclusion. The Coroner may instead give a narrative conclusion setting out in more detail how the death occurred and any factors that contributed to it. We can make legal submissions about the conclusions available to the Coroner and the matters that should be addressed in a narrative conclusion.
If the evidence reveals a continuing risk that future deaths could occur, the Coroner must consider issuing a Prevention of Future Deaths report, also known as a Regulation 28 report. We can invite the Coroner to make a report and make submissions about the concerns and organisations it should address. The report requires the recipient to explain what action has been or will be taken in response.
We can also advise on any further steps arising from the evidence, which may include making a complaint, engaging with a regulatory investigation or considering a potential civil claim. Where another specialist is required, we can help you identify the appropriate route and ensure that the findings and evidence from the inquest are properly considered.
Thinking about funding can feel like one more burden at an already difficult time. Public funding for inquests comes in two forms – Legal Help and Exceptional Case Funding – alongside options such as insurance or private funding, and we will talk you through what is realistic for your circumstances from our first conversation.
Legal Help
Legal Help can cover advice and preparation before the final hearing – reviewing the evidence, corresponding with the Coroner, preparing submissions and helping you identify the questions that need to be addressed. It is ordinarily means-tested, though it may be granted without a means assessment where the Legal Aid Agency considers a later application for funding to cover representation at the hearing would be reasonably likely to succeed – for example, where the circumstances may engage Article 2 of the European Convention on Human Rights, including some deaths in prison, police custody or psychiatric detention.
Exceptional Case Funding
Representation at the hearing itself may be funded through Exceptional Case Funding. This is not automatic, but may be granted where representation is needed to meet the state’s investigative obligations under Article 2, or where it is likely to benefit a wider class of people – for example, by helping prevent similar deaths. This funding is not means-tested. We regularly prepare legal aid applications for bereaved families and can advise you whether your case is likely to qualify.
Legal Expenses Insurance
Some insurance policies include legal expenses cover that may assist with the cost of an inquest, particularly where the death is connected to a potential civil claim. Terms and exclusions vary considerably, so cover should not be assumed – we can help you check an existing home, motor or other relevant policy before private funding is considered.
Private Funding
Where public funding or insurance is not available, we act on a private-paying basis, with a clear estimate agreed before any work begins – including fixed-fee options for a defined stage, such as advice on the evidence or representation at a Pre-Inquest Review Hearing.
Whatever your circumstances, we will explain the options honestly and clearly from the outset – what you are likely to be eligible for, what it will cost and what it does and does not cover.
Our Inquest Team
Sarah Griffiths-Jones
Partner and Head of Mental Health & Court of Protection
Natasha Perry
Senior Associate Solicitor, Team Leader, and Area Manager
Saskia Fuchs
Trainee Solicitor
Frequently Asked Questions
An Inquest is a public fact-finding inquiry conducted by a Coroner to establish four specific facts: who the deceased was, and when, where, and how they came by their death. It is an “inquisitorial” process, meaning its purpose is to establish the truth of what happened, rather than to apportion blame or criminal liability.
It is not a requirement to have a solicitor, in order to take part in an inquest. Some families choose to attend and ask questions themselves.
However, many families find it useful to have legal support, particularly if the circumstances of the death are complex or where other organisations are represented by lawyers, which is often the case.
Our solicitors have a wealth of experience around the duty of care which is expected in the detention and treatment of a loved one and will be able to explain that and assess and challenge any shortfall. This is incredibly important when the facts about your loved one’s death is being investigated.
We will also be able to liaise with the coroner on your behalf, obtain all relevant information pertinent to the inquest and in turn, make submissions and question witnesses on your behalf.
Other interested parties, be that the Hospital, Prison, Police will be legal represented throughout and many family members naturally then feel uncomfortable being unrepresented in such circumstances.
Time is obviously of the essence in matters such as these and whilst we appreciate you are suffering the most difficult of experiences, we would encourage you to contact us as soon as you feel able so that we are able to progress matters on your behalf and to ensure that you are then able to have time and privacy to grieve for your loved one, whilst we progress matters for you.
A solicitor can support you through the process, and ensure your concerns are properly addressed.
They can explain what to expect, guide you through the evidence, and help you understand any legal issues that may arise. If necessary, they can help you to prepare a statement for the coroner, setting out your views, and prepare questions on your behalf to be asked during the inquest.
Most importantly, having a solicitor means you have someone there to support and represent your interests during what is already a very difficult and emotional time.
A post-mortem (also known as an autopsy) is usually carried out shortly after a person dies to determine the medical cause of death. It is a medical examination conducted by a pathologist on behalf of the coroner.
Family members do not usually attend the post-mortem itself. However, you are entitled to be represented, and a pathologist can attend on your behalf where appropriate.
If you have any questions or concerns about a post-mortem or how it has been carried out, please get in touch.
In some cases, the coroner may ask family members to provide a written statement. This is an opportunity to share important information about your loved one, and any views you may have regarding their death. It is also a good opportunity to raise any concerns you have.
Writing a statement can feel difficult, particularly at such an emotional time. A solicitor can help you prepare a clear and structured statement that ensures your voice is heard.
We frequently assist family members with drafting statements. If you would like support with this, please feel free to get in touch.
Yes, we can. In some cases, families may wish to raise concerns about the care or treatment their loved one received, for example with the NHS, a care provider, the police, or a prison service.
We can support you in preparing a clear and structured complaint, ensuring your concerns are properly set out and addressed.
There are two types of inquests, a Jamieson inquest and a Middleton inquest. A Middleton inquest is otherwise known as an Article 2 inquest.
An Article 2 inquest will be held in circumstances where the death may involve a failing of the state, such as an unnatural death in prison, police custody, or whilst someone is detained in hospital under the Mental Health Act 1983.
In these circumstances, the inquest has a broader scope than usual, and the coroner can look at the wider circumstances surrounding the death, not just how the person died.
Whether an Article 2 inquest is necessary is a complicated and a fact-specific question. We offer tailored advice on whether an Article 2 inquest may be required in your case. Where appropriate, we can also prepare written submissions to the coroner on your behalf, to help ensure that the scope of the inquest properly reflects the issues.
If you would like further information or to discuss your situation, please do not hesitate to contact us.
Once a coroner has opened an inquiry into a death, it is then their duty to gather the required evidence. This may include medical records, witness statements or reports from professionals. If you consider there is any further evidence that the coroner should see before the inquest goes ahead, that they have not yet seen, we can support you in making submissions to the coroner.
In some cases, there may be a pre-inquest review hearing. This takes place before the final inquest at which the coroner may decide, amongst other things, what evidence is needed, which witnesses will attend, and how the inquest will be conducted. We often represent family members throughout this.
The final inquest hearing is where the evidence is considered, and the coroner (or the jury) will hear the evidence and reach a conclusion. We understand this process can feel overwhelming. We are here to guide and support you at each stage.
Legal Aid may be available to cover the legal costs of preparing for an inquest (Legal Help), as well as for legal representation at the inquest itself (Exceptional Case Funding). However, it is not automatically granted.
There are a number of different criteria and funding routes that may apply, depending on your individual circumstances. If you would like to understand whether you may be eligible, please get in touch and we can talk this through with you.
At the end of an inquest, the coroner (or sometimes the jury) will reach a conclusion about how the relevant person died.
This may be a short-form conclusion, such as natural causes, accident, suicide or unlawful killing. In some cases, the coroner may consider that a short form conclusion is not sufficient, and may instead give a narrative conclusion which provides a more detailed explanation of the circumstances surrounding the death.
It is important to understand that an inquest does not decide criminal or civil liability, and it does not find blame.
If during an inquest, the coroner becomes concerned that the evidence being presented shows there is a risk of future deaths, the coroner has a duty to write to the relevant person, organisation or government department to ask them to take preventative action.
A paper inquest is an inquest that is decided by the coroner based on written evidence only, without the need for a full court hearing.
This usually happens where the facts of the death are not in dispute (for example if the deceased died of natural causes) and the coroner does not need to hear live evidence from witnesses or ask questions.
If you are a family member, you will usually be informed and given the opportunity to raise any concerns or request a full hearing if you feel one is needed.
If you are unsure about whether a paper inquest is appropriate in your situation, please get in touch and we can advise you.
An “Interested Person” is a formal legal status granted by the Coroner to those with a significant link to the deceased or the circumstances of the death. As an IP, you or your organisation have the right to receive copies of the evidence (disclosure) and to question witnesses at the hearing.
An Inquest cannot find you “guilty” of a crime or “liable” for a civil claim. However, the evidence you give is public and can be used as the basis for future criminal charges or civil negligence claims. It is essential to have legal advice before providing a statement or testifying to ensure your professional reputation and legal interests are protected.
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