The importance of legal representation at inquests

Bereaved families who must deal with the stress of an Inquest following their loved one’s death often must brave this process alone but for the support of the Coroner’s Court Support Service.

There is currently no funded legal representation for bereaved families at Inquests leaving them in a vulnerable position, whilst the other Interested Parties such as Hospitals, Mental Health Trusts and GPs have their own representation. Families must often navigate their way through the Inquest process without the assistance of experienced legal practitioners to assist in establishing the facts that surround the death of their loved one and to provide support at this most distressing time.

Whilst there was a change in the criteria for applications for exceptional case funding from the Legal Aid Agency in January 2022 to no longer include a means test, exceptional case funding is only available in very specific circumstances (such as where the Deceased was in the care of the State at the time of their death, or where the Inquest is likely to lead to significant benefits for the wider public).

The Government’s view is that most Inquests do not need legal representation as the Coroner’s investigation is a fact-finding process rather than looking to lay blame in an adversarial way.

However Coroners are given wide-ranging discretion in the scope of the Inquest, and how the Inquest is conducted and bereaved families are often unaware of the evidence that needs to be obtained and the issues that will be considered. Once the Coroner has come to their conclusion and finalised the death certificate, it is extremely difficult to have this reconsidered.

Bereaved families are given special status at Inquests, meaning they do not have to make legal arguments and can question witnesses themselves or request that Coroners do so on their behalf. It is often an extremely distressing process, and the reality is that many families are not in any state to deal with this.

A family with the benefit of legal representation may be able to respond to attempts to limit the scope of an Inquest and ensure a fearless investigation. The Inquest is an opportunity for families to seek justice and establish recognition that their loved one’s death was preventable. In these circumstances, grieving families should not act alone.

The benefits of legal representation gives the opportunity to identify relevant information, raise questions to clarify factual evidence and highlight concerns with the appropriate bodies – from the Coroner to the Police to the Trust – to obtain further details. This relieves a great deal of pressure on the family.

In some circumstances, where a bereaved family have grounds and are able to bring a civil claim for damages arising from the circumstances of death, they may be offered a ‘No Win No Fee’ which can cover the cost of representation in an inquest.

Ali Masterson, a Trainee Legal Executive in the Medical Negligence team at Ashtons Legal, comments: “We have experienced lawyers who regularly represent and support bereaved families at Inquests. The benefits of legal representation during the Inquest process cannot be more highly emphasised, especially when the other parties will have their own representation. Without appropriate legal representation for the family, the Inquest process cannot be a level playing field and the family can still be left unanswered questions following the hearing.”

Client feedback: “I wanted to say a big thank you for everything you have done and all the support you have given us through this whole process but especially through the Inquest hearings. Dealing with the loss of my mum and the way it happened while she was in the care of the hospital has been the most difficult thing I have ever dealt with, but knowing that we all had your full support, understanding and knowledge made it less stressful for us all.

“If it wasn’t for this and being made aware that we were able to also get funding for you to be able to be there and support us through the Inquest hearings I don’t think we would’ve been able to have taken it this far, both mentally and financially. Thank you for everything. As a family, we really do appreciate it.”

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