The 2025 Protocol, ‘Disclosure of information between Coroners and the Family Court in cases involving fatality’, provides guidance on the flow of information between the two jurisdictions, and on dealing with requests for testing of the deceased to establish paternity.
It also explains how Family Court Judges and Coroners can work together to seek expedited post-mortem examination evidence, in cases where care and welfare decisions for surviving children cannot be made until the cause of the deceased’s death is determined.
The guidance notes that when proceedings are issued that concern the death of a child or adult that is relevant to the issues to be determined by that Court, the Family Court Judge should contact the Coroner to notify them of the proceedings and the Family Court’s timetable.
When the Coroner is informed of the Family Court proceedings, the Coroner should then “seek to accommodate the timetable of the Family Court proceedings” and the requirement that care proceedings must be completed within 26 weeks of the date on which the application was issued.
The Guidance further states that:
- Coroners and Family Court Judges should make requests of each other for disclosure of information, documents and materials to assist to avoid delay and duplication of work in each jurisdiction.
- The Family Court is likely to need interim and final post-mortem examination reports, toxicology reports and other reports generated as a result of the Coroner’s investigation.
- Coroners should use their best endeavours to provide prompt disclosure to avoid delay in the Family Court proceedings.
- Coroners may choose to adopt Family Court findings to avoid evidence being called again at Inquest. Coroners may also be assisted by Family Court judgments, which may highlight agency failings and other material issues that the Coroner may consider relevant to the investigation of a death.
- Coroners and Family Court Judges may wish jointly to request that pathology reports are expedited in cases where there are Family Court proceedings.
- Requests for DNA testing of a deceased person cannot be determined by Coroners.
- Coroners can assist the Family Court by retaining a blood sample which could be used for testing in Family Proceedings to establish paternity.
The Courts and Tribunals Judiciary said: “The Protocol will be an invaluable resource for Coroners and Family Judges, enabling the jurisdictions to work together in a way that minimises duplication and delay for the families at the centre of both sets of proceedings.”
Lottie Winson