What is an inquest?
An inquest is a public fact-finding inquiry, conducted by a Coroner, which seeks to answer four key questions about someone who has passed away:
- Who was the Deceased?
- When and where did they die?
- What is the medical cause of their death?; and
- How did they come about their death?
Inquests play a crucial role in the legal system by investigating unexplained, sudden, or suspicious deaths. Coroner’s inquiries aim to establish the cause of death by answering these four key questions.
The purpose of an inquest is not to place blame on a particular individual or organisation in relation to someone’s death – it is therefore different from civil liability. However, in the context of clinical negligence, shortcomings in medical care and treatment may come to light during a Coroner’s investigations, and in these circumstances, the inquest is likely to attract press interest.
The role of the press at inquests
The press serves as a bridge between inquest proceedings and the public. Journalists attend inquests, report on the findings, and highlight issues of public concern. This coverage plays a vital role in keeping the public informed and ensuring accountability which can often pressure organisations to address systemic issues and implement the necessary changes to avoid reputational damage.
As inquests provide a public record of the circumstances of someone’s death, the press will often report on cases involving public organisations and cases of potential negligence. Findings from inquests can sometimes lead to recommendations to prevent future deaths (known as Regulation 28 reports) which enhances public safety. It is therefore in the public’s interest to know about the concerns which have led to such a report being made.
Public inquiry
Inquests must be held in public in accordance with the principle of open justice. This means that members of the public and journalists have the right to attend inquest hearings and prepare press reports on the evidence and findings.
All members of the public, including the press, are expressly prohibited from making a recording of inquest proceedings or taking photographs inside of the Court. Press are however free to locate and use photographs of the Deceased person from online public pages and social media within their reports.
Generally speaking, a Coroner cannot prohibit journalists from attending an inquest. There are only very limited exceptions to this rule, for example:
- Anonymity orders: The coroner can make an order to prevent the identification of some witnesses, in particular where children are involved.
- Exclusion of the public: Where the inquest will touch upon issues of national security (for example where evidence will be heard about the security systems at a prison) or it is otherwise in the interests of justice, a coroner may exclude the public from an inquest, including the press. In such circumstances, a coroner must give brief reasons publicly for departing from the general rule.
The Chief Coroner’s guidance recognises the need to delicately balance the fair and accurate reporting of proceedings with the importance of respecting the privacy of the Deceased’s loved ones.
Journalists must abide by the IPSO Editor’s Code of Practice. This code sets out the guidance for print journalists in the UK and imposes various requirements on them in relation to the accuracy of information published, respecting the privacy of individuals and the conduct expected of them.
Supporting families at inquests
For some families, press and reporting surrounding the death of their loved one may be welcomed; people may want to raise as much awareness as possible about what happened, and speak to journalists about who their loved one was and the impact of their death. However, for many, it may feel like an intrusion of privacy and only add to the distress of attending an inquest.
Whilst we cannot prevent the media from reporting on an inquest, we can help by:
- Providing support and advice before the inquest regarding the likely level of press interest to be expected, to ensure you are as prepared as possible.
- Redirecting all approaches and requests for comments by media outlets to us, to act as a barrier between the press and the family.
- Directly approach news outlets to make them aware of the inquest.
- Prepare statements on behalf of the family, and often full press releases, which can be circulated to media outlets intending to report on the inquest. Whilst we cannot be certain that the press will use all the information provided, in this way we can help to control the narrative as far as possible and put the family’s views at the forefront.
We can also enlist the expert advice of a PR and digital marketing agency we work very closely with, particularly in circumstances where families wish to directly approach media outlets about the inquest, or agree to be interviewed by the press.
Our team at Nelsons are here to advise on all aspects of the inquest process, including managing media interest. We understand that for many families, the prospect of journalists attending an inquest that will touch upon very personal and sensitive information relating to their loved ones will be very daunting.
We are very passionate about ensuring that families are given the opportunity to speak about their loved ones and their concerns if they wish to, but also ensuring our clients are shielded from unwanted press approaches and aware of their rights if approached by a journalist during an inquest.
How can we help?
Shrdha Kapoor is an Associate in our Medical Negligence team, ranked in tier one by the independently researched publication, The Legal 500.
Shrdha specialises in a wide variety of medical negligence claims, including claims against hospitals following the death of individuals detained under the Mental Health Act or admitted as voluntary patients.
If you have any questions about the topics in this article, please contact Shrdha or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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