Page 56 - When Things Go Wrong

kin”, and the term should be explained in communications from the
coroner’s office to bereaved people.

3.28 We consider that the definition of “relatives” and “nearest relatives” in Section
26 of the Mental Health Act 1983 provides a suitable model, 150 with two
qualifications:

i. the list should include a long-term partner who is neither the spouse nor
the civil partner of the deceased;
ii. the hierarchy does not account for separated but still-married partners.
There will likely be cases where it is inappropriate for such a person to
serve as “next of kin”.

Discretion to depart from the hierarchy may prove important in cases where,
for instance, a nephew or niece has served as the long-term carer of the
deceased.

3.29 Clarifying the definition of “next of kin” will not address those cases where no
family members have come forward, or indeed where there is no traceable
family. So-called “honour killing” cases, 151 and deaths of people with
disabilities in long-stay institutions present examples of cases where, in lieu of
family members coming forward, the public interest will need to be served in
another way. The Working Party recommends that where a coroner has been
unable to identify the deceased’s next of kin or personal representative,
they should consider nominating an organisation with sufficient expertise
to act as the advocate for the deceased and receive notifications regarding

contact for the coroner – for example in divided families – please explain this to the coroner’s officer
and provide contact details”. However, the guide does not clarify whether more than one person will be
entitled to notification under the relevant rules and regulations.
150 Under s. 26, “relative” means any of the following persons: (a) husband or wife or civil partner; (b)
son or daughter; (c) father or mother; (d) brother or sister; (e) grandparent; (f) grandchild; (g) uncle or
aunt; (h) nephew or niece.
151 See R (Southall Black Sisters) v Her Majesty's Coroner for West Yorkshire [2002] EWHC 1914
(Admin). In this judicial review regarding interested person status for an inquest into the killing of Nazia
Bi and Sana Najid Ali, Southall Black Sisters submitted that “the close family connections between that
of [Bi’s] own and her husband's family would have led to a closing of ranks amongst family
members…this is often the case when the family and community wish to preserve family honour and/or
are intimidated and pressurised” [24].

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