What happens after the inquest?
The coroner will send any details required by the registrar of deaths to them and will also write to any relevant authorities under rule 43 if he or she thinks that is appropriate (see Section 4.3: Verdicts). The coroner’s officer will explain how to get a copy of the death certificate, for which you will have to pay a small fee. If it has not already been done, he or she will also send a burial order, a cremation certificate or permission to send the body abroad.
Can any other legal claim be brought after the inquest?
If the family want to make a financial (civil) claim they should seek advice from a solicitor if they have not already done so. The solicitor will be able to advise them whether there are good grounds for a civil claim. This is much more likely to be successful when there has been a strong verdict in the inquest – and for this reason it is usually better to get advice about this before the inquest takes place. There are also time limits to making claims; for example if you make a claim under the Human Rights Act 1998 it must be within 12 months of the death, so early advice from a solicitor is very important.
There may be other avenues to pursue but these are very limited and again you should discuss this with a solicitor or one of the relevant organisations listed on the links page.
What can I do if I am unhappy with the conduct of the inquest and the verdict?
You have very limited options for taking action after the inquest. There is no right of appeal. If you are concerned either about the verdict or the way the inquest was run, you should talk to your legal representative or one of the organisations listed in the guide.
There are some ways to challenge an inquest, but these involve complicated legal processes which can take months or years to complete and require specialist knowledge of the law, so if you have not taken legal advice before, you need to do so now. There may also be difficulties in funding any challenge and so again, you will need good advice. We have set below out some of the ways you can seek to address any problems, but each case is unique and you definitely need to seek advice.
If a coroner has refused to hold an inquest, can their decision be overruled?
Yes. It can be challenged by judicial review (see below).
What is a judicial review?
It is a complex legal procedure where a judge can review decisions made by the coroner and decide whether they are appropriate and/or correct. It is held in the divisional court and the application has to be made within three months of the decision you are challenging.
Judicial reviews have been used successfully to challenge various coroners’ decisions, such as failing to call relevant witnesses or not directing the jury properly.
Is there any appeal against the verdict of a coroner?
Not directly. But it is possible that if the divisional court accept that there has been fraud, rejection of evidence, irregularity of proceedings, an insufficiency of inquiry, or if it is in the interests of justice, a new inquest can be ordered and the previous inquest overturned. The exercise of this power depends on the court’s view that it would be necessary and desirable in the interests of justice.
Who can make an application to overturn an inquest or to make a coroner hold an inquest?
Any properly interested person including the family of the deceased and any organisation or individual involved with them immediately before their death. Again this is a complex legal process and you should get specialist advice very quickly because of the time limits.
Can a verdict be overturned or amended if it appears that the coroner made an error in the interpretation of the law?
Yes, by judicial review (see above). It should be undertaken by a person with sufficient interest, e.g. the family of the deceased, or a person who might be charged with causing the death.
Can a verdict be overturned or amended if new evidence is found that was not available at the original inquest?
Yes, by applying to the Attorney General for permission. But the length of time that has passed will be taken into account as to whether it is in the public interest to order a new inquest. Applying to the Attorney General is a process similar to a judicial review and you should discuss this with your solicitor.
If evidence comes to light sometime after a death that suggests a death was unnatural or the cause of death uncertain, can an inquest still be held?
Yes, if the coroner agrees there are reasonable grounds. The death certificate will be amended if new evidence reveals at the inquest that the original cause of death was wrong.
Can a body be exhumed if new evidence comes to light that suggests an inquest is necessary because a death was unnatural or the cause uncertain?
Yes, but in practice this is extremely rare. The coroner must issue a signed warrant, addressed to the persons in charge of the burial ground. The exhumation is carried out at night or early in the morning. A funeral director or a member of the family carries out identification of the body.
Will anyone be prosecuted after the inquest?
This is exceedingly uncommon, but is possible. If a death is caused by a criminal act, there should be a police investigation and the Crown Prosecution Service (CPS) will decide whether there is enough evidence to press charges. If this is going to happen, it usually does so before an inquest takes place. However, if evidence or information comes to light during the inquest which might form the basis of a criminal prosecution, the CPS can be asked to reconsider their decision. In practice, this is very rare.
Can I get a transcript of the inquest?
Yes. Anyone who is a properly interested person can obtain a copy of the transcript of the inquest by asking the coroner’s officer. The difficulty is often the cost and the way in which the evidence has been recorded. Many coroners’ courts have recordings of the evidence and you have to pay for these to be transcribed by a typist which can be very expensive. Some coroners’ courts only have the handwritten notes made by the coroner.
Can I make a general complaint about an inquest or how the coroner behaved?
If your complaint is about the behaviour of a coroner or other staff at the court (but not about legal decisions or procedure) and you have not been able to sort it out with the coroner directly, you can raise your complaint with:
- • the Office for Judicial Complaints (OJC)
• the Ministry of Justice Coroners Section;
• the local authority that funds the coroner.
The OJC has a leaflet called ‘I Want to complain about a Coroner’ (link to PDF).
