An inquest is held to determine the identity of a deceased person and certain circumstances and facts surrounding their death. Its purpose is not, in theory, to apportion blame. However, this is not to say they can’t have serious commercial and reputational repercussions for providers if not carefully handled. Inquests do tend to be a …
Inquests: Be Prepared for the Unexpected A coroner’s inquest can be a difficult and stressful time for providers. What might initially seem a routine death can quickly spiral into a lengthy and complex inquiry, and a world of onerous requests for records and information, placing huge demands on staff resources. The most straightforward cases can …
It has been an unforgettable few months for all of us. The profile of our world has changed forever and we have quickly adapted to connecting and working in ways that we never have before. For the majority, we have been lucky. We have been able to carry on with some semblance of normality with …
Past the peak: Why the fairytale ending will have to wait for the social care sector Read More »
Given the nature of their work, a large number of health and social care providers will at some point become involved in an inquest. The Coroners’ Courts have adjourned a lot of inquests because of COVID-19 restrictions but we expect them to start getting pretty busy over the coming months, trying to deal with the …
How preparing for an Inquest may actually prevent a ‘Prevention of Future Deaths’ Report Read More »
On 10 June 2020, the Court of Appeal handed their judgment down in the case of R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 which held that Article 2 of the European Convention of Human Rights (“ECHR”), was not engaged at the inquest into the death of a vulnerable …
In theory, this statement should be correct. The Inquest process is inquisitorial and its purpose is to establish the facts, not to lay blame. However, in practice, things can and do come out at Inquests which can cause serious damage to service providers. Why should I get involved? Given the nature of health and social …
This article considers what will happen in the health and social care sector in terms of regulation and litigation beyond the Covid-19 crisis. CQC’s Emergency Support Framework As providers will know, CQC have paused routine inspections and introduced the Emergency Support Framework (“ESF”). CQC’s position is that the ESF is a flexible and supportive process, …
Beyond Covid-19: the legal landscape in the health and social care sector Read More »
Further to my last update regarding inquests, the Chief Coroner for England and Wales has issued further guidance in relation to the COVID-19 situation. This article summarises the main points from the guidance. Chief Coroner Guidance No.34 (dated 26 March 2020) This guidance note acknowledges that the COVID-19 emergency presents a number of challenges for …
Today, the Chief Coroner of England and Wales has issued some guidance to coroners regarding the COVID-19 situation. The guidance explains that because coroners’ workloads have the potential to increase significantly in the coming weeks and months, it may mean that inquests will need to be adjourned. The Chief Coroner has therefore issued the following …
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