When a person dies and their cause of death is unknown or potentially violent, the coroner to whom the death was reported may hold an inquest.
This is a formal investigation into:
- Who the deceased person was
- When, where and how they died.
This will involve the Coroner’s Court collating and impartially reviewing evidence, statements from any witnesses, and medical reports such as the port-mortem to reach a conclusion.
An inquest cannot assign liability for a person’s death, but further criminal or civil proceedings may come after the Coroner’s Court decision once the cause of death has been determined. The coroner can also make recommendations to a body such as the NHS.
Businesses or organisations that may have had a role in the person’s death or have evidence as to what happened may be called upon to participate in the inquest.
How is a business involved in an inquest?
In the context of an inquest, a business may be an ‘interested party’ – A person or organisation which has the right to participate in the inquest, as designated by the coroner.
Common scenarios which may involve a business or organisation in an inquest include:
- A care home where a person has died
- A hospital trust where a person has died under its care
- A business where the death likely occurred on the premises.
The inquest may seek to determine whether health and safety procedures were followed and whether any failure or neglect on the part of the business contributed to the person’s death.
If the Coroner’s Court believes that evidence or testimony from your business may help the inquest, you may be called to give evidence or named as an interested party.
Seeking advice
When all evidence has been given, the Court will make a decision, which will either declare a cause of death or rule it to be unknown.
It is not the job of an inquest to assign liability or initiate further legal action.
However, the outcome of an inquest can be used to pursue your organisation for damages or even criminal liability if the evidence allows.
If the outcome of the inquest suggests that your organisation played a role in the person’s death, their family or the prosecution service may seek additional proceedings.
You should seek early legal advice if this seems a likely outcome, so that you can stay prepared and be transparent about what happened.
To support your business or organisation through an inquest, please contact our specialist team today.