An inquest into a death can be incredibly damaging to your business. The purpose of an inquest into a death is to establish facts. It is not to apportion blame and the conclusion should not use language that suggests civil or criminal liability.
However, there are conclusions that can be reached, and language used that may have a negative impact on the home or service and therefore it is important that you understand how you might be involved in the process and how you might manage it. Often health and social care providers do not realise they can participate in the proceedings, if they ask. This allows a provider to access documentation that will be used at the coroner’s inquest, including the post-mortem.
Information that emerges during a coroner’s inquest may also be used to support a civil or criminal claim against the business too. Any conclusions of neglect can cause serious reputational harm to a health and social care business, especially when the media take an interest. Coroners have a duty to send reports to people they think may be able to prevent deaths arising from similar circumstances in the future and a response must be provided and these reports and responses can be published.
The impact of an inquest into a death on providers is compounded by Staff and Managers who may face significant stress in the run-up to the coroner’s inquest, a period that is usually several months after death, and often longer.
It has been an unforgettable few months for all of us. The profile of our world has
The Court of Appeal judgment in R (Maguire) v HM Senior Coroner for Blackpool and Fylde  EWCA Civ 738 has provided clarity in relation to Article 2 obligations to protect life for care home residents
On 10 June 2020, the Court of Appeal handed their judgment down in the case of R
In theory, this statement should be correct. The Inquest process is inquisitorial and its purpose is to