Your Rights During a Coroner Investigation

Understanding Your Legal Rights

When a coroner investigates a death, bereaved families have specific legal rights that protect their interests and ensure they can participate meaningfully in the investigation. Understanding these rights helps you navigate what can be a complex and distressing process.

October 2025 Update:

The Chief Coroner has issued updated guidance strengthening family rights to disclosure and participation. Coroners are now required to proactively engage with families throughout the investigation.

Key Point: Your rights begin from the moment the coroner becomes involved and continue through to the conclusion of any inquest. These rights are protected by law.

Interested Person Status

To exercise most rights, you must be recognized as an "interested person." This status gives you enhanced participation rights.

Who Qualifies as an Interested Person

Spouse, civil partner, or partner (including cohabiting partners)
Parents (including adoptive and step-parents in some circumstances)
Children (including adult children)
Siblings
Personal representatives (executors or administrators)
Anyone who may be responsible for the death
Organizations involved (hospitals, employers, etc.)
State bodies involved (police, prison service, etc.)
Anyone else the coroner decides has sufficient interest

Obtaining Interested Person Status

Close family members are usually automatically recognized. Others should write to the coroner explaining their relationship and why they should be considered an interested person.

Right to Information and Disclosure

Interested persons have the right to see relevant documents and evidence:

What You're Entitled To See

Post-mortem examination report
Toxicology and other test results
Witness statements
Police investigation reports
Medical records relevant to the death
Expert reports commissioned by the coroner
Other evidence the coroner will consider

Timing of Disclosure

The coroner should disclose documents with sufficient time before any inquest for you to review them and prepare questions. For complex inquests, this is typically 4-6 weeks before the hearing.

Redactions and Restrictions

Some information may be redacted or withheld if:

It contains irrelevant personal information about third parties
Disclosure would compromise national security
It might prejudice ongoing criminal proceedings
It's protected by legal professional privilege

You can challenge redactions you believe are inappropriate.

Requesting Disclosure

If you haven't received disclosure, write to the coroner's officer asking for documents. Be specific about what you need and explain why it's relevant to understanding the death.

Right to Participate in the Investigation

Your participation rights include:

Suggesting Lines of Inquiry

You can write to the coroner suggesting what should be investigated, what questions should be asked, and what evidence should be gathered.

Proposing Witnesses

You can suggest witnesses who should be called to give evidence at any inquest. The coroner must consider your suggestions, though they make the final decision.

Commissioning Expert Evidence

You can instruct your own expert witnesses (though you'll need to pay for this). The coroner may allow them to give evidence if their testimony is relevant and helpful.

Providing Your Own Evidence

Family members who witnessed events or have relevant information can request to give evidence themselves, either in writing or at a hearing.

Right to Legal Representation

You have the right to be represented by a lawyer during the coroner's investigation:

What Lawyers Can Do

Review disclosed documents and advise on their significance
Correspond with the coroner on your behalf
Attend pre-inquest review hearings
Question witnesses at the inquest
Make legal submissions about procedure or conclusions
Advise on whether to challenge decisions

Funding Representation

Unfortunately, legal aid for inquests is very limited:

Exceptional case funding: Available in some cases involving state failings
Article 2 cases: May qualify for non-means-tested legal aid
Pro bono: Some solicitors offer free representation
INQUEST charity: Can sometimes help find representation
Private funding: Most families must pay (typically £3,000-£15,000+)

Representing Yourself

You don't need a lawyer. Many families represent themselves successfully, especially with support from organizations like INQUEST. The coroner has a duty to help unrepresented families participate effectively.

Right to Question Witnesses

At any inquest hearing, interested persons can question witnesses:

How Questioning Works

After a witness gives evidence, you (or your lawyer) can ask questions. The coroner may:

Ask you to submit questions in writing beforehand
Allow you to ask questions directly
Ask the questions on your behalf
Intervene if questions are inappropriate or repetitive

What You Can Ask

Questions should focus on understanding the facts. You can't ask questions designed to allocate blame or determine liability for compensation purposes.

Preparing Questions

Review all disclosed documents beforehand and prepare written questions. Focus on gaps in your understanding or areas where the evidence seems unclear or inconsistent.

Right to Influence the Scope of Investigation

You can make representations about what the investigation should cover:

Article 2 Engagement

If you believe the state may have failed in its duty to protect life (e.g., in medical care, custody, or police contact), you can request an Article 2 compliant investigation. This requires broader examination of systemic issues.

Jury Inquests

In limited circumstances, you can request a jury inquest if you believe one is appropriate (though the final decision rests with the coroner).

Prevention of Future Deaths

You can ask the coroner to consider making a Prevention of Future Deaths report if you've identified systemic problems that need addressing.

Right to Timely Resolution

While coroner investigations can't be rushed, you have rights regarding timing:

Right to Updates

The coroner should keep you informed about progress, estimated timelines, and any delays. If you haven't heard anything for several weeks, you can contact the coroner's office for an update.

Challenging Delays

If the investigation is taking unreasonably long without good reason, you can complain to the Chief Coroner or, in extreme cases, seek judicial review.

Body Release

You have the right to have the body released as soon as it's no longer needed for the investigation. Once post-mortem results are available, there's usually no reason to retain the body even if the inquest hasn't concluded.

Right to Compassionate Treatment

Beyond legal rights, you have the right to be treated with dignity and respect:

Clear, jargon-free communication about the investigation
Sensitive handling of distressing information
Accommodation for religious and cultural needs
Support during the investigation process
Reasonable adjustments for disabilities or language barriers
Privacy and confidentiality for family matters
Empathy and understanding for your grief

The Chief Coroner's guidance emphasizes that coroners should adopt a "family-centered approach" recognizing the trauma bereaved families experience.

Right to Challenge Decisions

If you disagree with coroner decisions, you have options:

Request Reconsideration

You can ask the coroner to reconsider a decision, providing reasons why you believe it's wrong. This is appropriate for procedural decisions like scope of inquiry or witness selection.

Apply for Judicial Review

For serious procedural errors or unreasonable decisions during the investigation, you can apply to the High Court for judicial review. This requires legal representation and must be done promptly.

Appeal the Conclusion

After the inquest concludes, you can apply to the Attorney General or Solicitor General to seek a new inquest if you believe the conclusion was legally insufficient. This is rare and requires strong grounds.

Complain to the Chief Coroner

For complaints about how the investigation was conducted, you can complain to the Chief Coroner or the Judicial Conduct Investigations Office.

Right to Privacy vs Public Interest

Balancing family privacy with the public nature of inquests:

Public Hearings

Inquests are generally public to ensure transparency. However, the coroner can restrict access or reporting in exceptional circumstances if publicizing certain information would cause serious harm.

Requesting Privacy Orders

You can ask the coroner to:

Anonymize family members
Restrict reporting of sensitive personal information
Exclude the public from parts of the hearing
Redact private information from public documents

Media Coverage

You can't prevent media coverage of a public inquest, but you can ask the coroner to restrict reporting of particularly sensitive or traumatic details, especially regarding children.

Practical Steps to Exercise Your Rights

How to effectively assert your rights:

Establish interested person status early: Write to the coroner's office confirming your relationship and requesting recognition as an interested person.
Request disclosure promptly: Ask for all relevant documents as soon as the investigation begins.
Put concerns in writing: Document your requests, concerns, and suggestions in letters or emails to the coroner.
Attend all hearings: Participate in pre-inquest reviews and the main inquest hearing.
Seek support: Contact organizations like INQUEST for advice on exercising your rights.
Consider representation: Evaluate whether you need legal representation based on the complexity of the case.
Keep records: Maintain copies of all correspondence and documents.

When Rights Are Violated

If you believe your rights haven't been respected:

Raise concerns immediately: Contact the coroner's officer to explain the problem

Request a pre-inquest review: Use this opportunity to formally raise procedural concerns

Seek legal advice: Organizations like INQUEST can advise whether you have grounds to challenge

Consider formal complaint: Complain to the Chief Coroner or Judicial Conduct Investigations Office

Summary of Key Rights

• Right to interested person status if you're a close family member
• Right to see relevant documents and evidence
• Right to suggest lines of inquiry and witnesses
• Right to legal representation (though funding may be an issue)
• Right to question witnesses at any inquest
• Right to be kept informed about progress
• Right to compassionate and respectful treatment
• Right to challenge decisions you believe are wrong
• Right to influence the scope of the investigation
• Right to have the body released when appropriate

Getting Help with Your Rights

• INQUEST: 020 7553 0174 / inquest.org.uk – Free advice and support
• Coroner's Officer: Your first point of contact for most questions
• Chief Coroner's Office: For guidance on procedures and rights
• Citizens Advice: Free general legal advice
• Law Society: To find a specialist inquest solicitor
• Legal Aid Agency: To check eligibility for funding

Scotland and Northern Ireland

Scotland

Scotland has Fatal Accident Inquiries (FAIs) instead of inquests, with different procedures. Family rights are broadly similar but governed by different legislation. Contact the Procurator Fiscal for information.

Northern Ireland

Northern Ireland's coroner system is similar to England and Wales, with comparable rights for bereaved families.

Your Rights During Coroner Investigation