header-logo header-logo

Coronial process ‘alienating’

19 June 2024
Issue: 8076 / Categories: Legal News , Coronial law
printer mail-detail

A landmark report has found bereaved interviewees aren’t always informed about legal representation and many highlight a lack of sensitivity

Under the report’s recommendations, the coronial process would include forums for ‘restorative dialogue between the bereaved and professionals who had some involvement in the death’.

Compiled by researchers from Birkbeck and Bath universities between May 2021 and May 2024, the report, ‘Voicing loss’, examined the role of bereaved people in coroners’ investigations and inquests, and is the largest ever empirical study of lay and professional experiences of the coronial process in England and Wales.

While one bereaved interviewee described the process as ‘dignified’ and ‘transformational’, many others highlighted a lack of sensitivity in how professionals spoke about the deceased and dealt with evidence. The report states: ‘They also spoke of feeling alienated by proceedings which seemed to be oriented around legal professionals rather than their own rights, needs and expectations.

‘Some bereaved people (as well as other witnesses) described being subjected to aggressive or belittling questioning.’

The report recommends that bereaved people be given as much notice and information as possible about dates, attendance of witnesses and legal representatives and whether they will be required to give evidence. It advises that bereaved people be ‘fully informed of their right to receive evidence in advance of the final hearing, and how to obtain it’.

Respondents typically reported that they received limited information about their status and potential role in the process, and that communication with the local coroner service was poor.

One bereaved mother said: ‘We didn’t know we could have [legal representation]. We didn’t know, really, what our rights were, what we could have. Nobody told us.’

A bereaved sister said they would have gone into the inquest ‘blindly, with no legal support’, if it hadn’t been for the help of the organisation INQUEST.

Issue: 8076 / Categories: Legal News , Coronial law
printer mail-details

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll