Inquests
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.
- Securing ‘interested person’ status;
- Obtaining disclosure;
- Advising on the evidence;
- Taking witness statements;
- Making legal representations to the Coroner;
- Advising on responses to reports from the Coroner;
- Advising on the merits of any further contemplated proceedings;
- In conjunction with a PR firm where necessary, helping to manage media interest.
