Page 59 - When Things Go Wrong

You do not need a lawyer to attend or participate in the inquest including
when you want to ask particular questions or you are giving evidence. The
coroner will ensure that the process is fair and thorough, that you are
able to participate … However, there may be times where you might wish
to have legal advice or representation in preparing for or attending the
inquest, for example where the state or public body has legal
representation. 157

This explanation does not convey the potential urgency of seeking specialist
advice in contentious cases (see Chapter V, para 5.17). Families to whom we
spoke described the daunting experience of arriving at a pre-inquest review
hearing unrepresented, to be confronted by State body interested persons
represented by teams of solicitors and barristers. We recommend that the
‘Guide to Coroner Services for Bereaved People’ point out that officials
are likely to be legally represented. The Guide should also be amended to
advise family members concerned about the circumstances of a loved
one’s death to urgently seek specialist legal advice.

Continuing communication

3.38 There is no consistent standard as to the regularity and volume of contact
bereaved people might expect from a coroner’s office once an investigation is
opened. For example, the MoJ ‘Guide to Coroner Services for Bereaved
People’ suggests that bereaved people can expect contact “every three months
to update you on your case”, 158 while, the Guide produced by HM Coroner for
Inner London South for bereaved parents advises “every 2-3 weeks, unless the
[coroner’s officers’] workload makes this difficult”. 159

157 Ibid, para 4.1. Cf. INQUEST, ‘The INQUEST Handbook: A guide for bereaved families, friends and
advisors’, 2016, p. 31: “There are some circumstances of death where we would strongly recommend
contacting a specialist solicitor as soon as possible. Where someone dies whilst in the care of an
institution (for example, a psychiatric hospital or prison) or following contact with those working for a
public authority (the police, for instance) it is advisable to seek specialist legal advice immediately (see
Section 5)”.
158 Ministry of Justice, ‘Guide to Coroner Services for Bereaved People’, supra note 149, p. 23.

159 Senior Coroner Andrew Harris (HM Coroner for London Inner South), ‘Information for just bereaved
parents: A guide to the death investigation process’, 2018, p. 11.
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