Dealing with unexplained deaths and inquests
Narin Masera sets out some key considerations for local authorities when dealing with an unexpected death.
Dealing with an unexpected death is always a challenging time for local authorities (LAs), but unfortunately it is a common occurrence given the scope and breadth of a LA’s remit. When somebody dies and the LA has had relevant involvement in their life it is necessary to ensure that a series of measures are implemented, and these may vary depending on the circumstances.
For a LA there are a wide range of scenarios where an unexpected death will see them named as an Interested Person (IP) to an inquest and this could be in respect of multiple different directorates within the LA.
What is an Inquest?
A Coroner is a type of specialist judge whose role is to investigate any death that is unnatural, or where the cause of death is unknown. Their role is purely investigatory and should in no way be adversarial or accusatory in nature. The Coroner’s duty is to answer four key questions:
- Who died?
- When they died?
- Where they died?
- How they came about their death?
If during their investigation a Coroner identifies a risk of a similar death occurring in the future, they have a legal duty to issue a Prevention of Future Deaths (PFD) report. This can be directed to any individual or organisation the Coroner believes has the power to take preventative action. This is where any investigation carried out by the LA can prove invaluable for the coroner as they can use this evidence to inform the PFD.
Interested Person Status
Relatives of the deceased and their representatives will automatically be considered IPs. Other parties with a sufficient interest can also be given this status and this will be for the coroner to determine. LAs are often provided IP status as a whole and it is only in exceptional circumstances that directorates are afforded individual IP status, usually where there is a significant conflict of interest. This is an important consideration for carrying out investigations, which is addressed further below.
Urgent reviews
When an unexpected death occurs, there are urgent reviews that LAs are required to undertake. For example, following the death of a child as a result of abuse or neglect, a child safeguarding practice review should take place within 15 days of the child’s death. These types of urgent investigation into a death, which are carried out by LAs, set out recommendations to prevent future harm in similar circumstances, identify any shortcomings and evaluate the way in which agencies have worked together.
From an inquest perspective, the difficulty we often see is that when a LA is made an IP to an inquest, whilst the different directorates of a LA have carried out their own investigation and/or review following the death, there has not been a holistic investigation which considers the LA’s role in its entirety.
Understanding the LA’s role as a whole is an important element to an inquest and is often considered by the Coroner when carrying out their investigation. The Coroner will want to know how all agencies and directorates within a LA have worked together, if there were failings and how they have been addressed in order to alleviate any concerns or risks of future deaths occurring in similar circumstances.
Staff welfare
Staff who were involved in the deceased’s life or who provided them care and support may be interviewed as part of any investigation process. These same staff may also be asked to provide witness statements and potentially live evidence at an inquest. Unfortunately, whilst an inquest is often opened shortly after the death, the inquest itself may not take place for several months or even years after the date and so staff will require ongoing support. These can be a very distressing experiences for individuals involved and steps should be taken to ensure they are properly supported throughout the process.
Press and communications
The unexpected death of a person and any subsequent inquest can often lead to unwanted press attention. For media engagement an LA should assign a designated spokesperson, often a communications manager, to ensure that all media enquiries are handled carefully and correctly. If the inquest is to involve a jury then nothing that could prejudice a jury can or should be said before or during an inquest. If in doubt, seek legal advice.
If media enquiries are received, whether that be by e-mail, through social media or phone call, staff should know who to direct these enquiries to and to not provide any comment if asked specific questions.
Unexpected death and inquests need to be approached with the utmost seriousness and given the spotlight on LAs in recent years, it is imperative that if an LA is involved in the process, that that involvement is managed carefully, and specialist legal advice is sought when necessary.
Narin Masera is a Solicitor at Devonshires.
