Coroners' Inquest Solicitors
Coroners' Inquest : Work-related deaths
A work-related incident where an employee a contractor or member of the public loses their life is a traumatic event that can change lives forever. Work-related deaths are investigated jointly by the police and the Health and Safety Executive (or other relevant regulator responsible for enforcing health and safety such as a local authority or the Office of Rail and Road). Inquests often impact on related criminal investigations and personal injury claims.
Be Prepared
It is imperative that businesses in high risk industries have a basic understanding of how inquests work and what is required with regards to providing evidence to the coroner and giving oral evidence at an inquest. Approximately a third of all work-related deaths occur in the construction industry, around a quarter in agriculture, forestry and fishing and a sixth in manufacturing.
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At FSW, we can act for your business if it is involved on an inquest following a work-related death. We can provide much-needed advice and assistance during this difficult and stressful time.
The Role of the Coroner
Inquests are governed by the Coroners and Justice Act 2009 (the Act) and the Coroners (Inquests) Rules 2013 (the Inquest Rules). Under the Act, a Coroner has a duty to investigate any death within their area where:
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the deceased died a violent or unnatural death,
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the cause of the death is unknown, or
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the deceased died while in custody or state detentio
A Coroner’s job is to ascertain: (see section 5(1) of the Act):
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who the deceased was
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when, where and how he or she died
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any particulars, (known as findings of the inquest) related to the individuals death
The Purpose of an Inquest
Subject to section 4(3)(a) of the Act, a senior Coroner must hold an inquest into a death as part of their investigation under section 6 of the Act. Rule 8 of the Inquest Rules requires that this must be done within six months of the fatality.
The purpose of an inquest is to answer the questions of ‘what, where and how’ death occurred by questioning witnesses to the event.
Coroners are not Judges, and therefore, although they are bound by the extensive provisions of the Act, they still have a large amount of discretion as to how they conduct their investigations and the inquest. This provides them with the ability to conduct proceedings in a sensitive, compassionate manner, for the benefit of all involved, especially the victim’s family.
Interested persons’ (IPs) are those that are allowed to participate in an inquest. The categories of those entitled to this status are set out in section 47(2) of the Act and include members of the family of the deceased and in work-related deaths the employer of the deceased. IPs will be informed of the date of the inquest by the Coroner’s office; however all inquests are held in public, which means press are free to attend and report on events. IPs have certain rights which include to receive disclosure of evidence and to question witnesses.
In the event of an accident at work, the inquest must be held with a jury. In jury inquests, the Coroner will decide matters of law and procedure, and the jury decides the facts of the case and reaches a conclusion (eg accidental death, unlawful killing or narrative conclusion). The jury cannot blame someone for the death. If there is any blame, this can only be established by other legal proceedings in the civil or criminal courts, although the jury can state facts which make it clear that the death was caused by a specific failure of some sort or by neglect.
The Role of the Witness at an Inquest
A witness' role is to assist the Coroner in establishing the ‘what, where and how’ the victim died. This is done by either giving evidence in person at the inquest or providing a detailed written statement to the Coroner. In a work-related death a PIP business can expect some of the witnesses to be its employees if they can give relevant evidence in respect of the circumstances of the death.
A clear written statement often negates the need for a witness to attend the inquest, or if they do have to attend, can help them give a more accurate account of events in order to assist the Coroner in his or her investigation.
A written statement should be factual and can offer a personal opinion on events; however, it should not try to apportion blame, as this is not part of a Coroner’s duty.
An IP can choose to have legal representation at the inquest. Your lawyer will be able to ask questions of any witnesses called by the Coroner.
Prevention of Future Deaths Report
Pursuant to paragraph 7 of Schedule 5 of the Act a coroner has a duty to report actions to prevent other deaths to a person who the coroner believes may have the power to take such actions. These are known as prevention of future deaths reports or PFD reports. A recipient of a report is required to respond within 56 days to evidence how the recommendations have been implemented. PFD reports and responses are published on the UK judiciary website. For any business subject to a PDF report there is the potential for reputational damage.
Appealing an Inquest Conclusion
If you are unsatisfied with the jury's conclusion in an inquest it is possible to launch an appeal; however, the procedure is complex and expert legal advice will be necessary to make any viable challenge. It is also possible to apply for Judicial Review in some circumstances, and this must be made within three months of the findings.
For more information on the Coroners' Inquest services Fsw offer, please contact us by telephone on 0207 993 6960 or email Charlotte Waters.
Our related health and safety services include