When someone dies unexpectedly after hospital, GP or care home treatment, the death may be reported to the coroner. For many families, the inquest is the first time they hear in detail what happened. It can also raise the question of whether the care was negligent. This guide explains how inquests work in England and how they relate to medical negligence claims, and where our fatal injury and wrongful death claims service fits in.
Our Bradford medical negligence solicitors support families whose relative was treated at Bradford Royal Infirmary, Airedale or other local services, as well as across England. If you’re thinking about a claim, see also our guide to claiming on behalf of someone who has died.
When does a coroner investigate?
Under section 1 of the Coroners and Justice Act 2009, a senior coroner must investigate a death if they have reason to suspect that:[1]
- the person died a violent or unnatural death
- the cause of death is unknown, or
- the person died in custody or otherwise in state detention (which can include some people detained under the Mental Health Act)
Deaths after medical treatment are often reported because the cause is unclear, or because there’s concern that something went wrong. Not every investigation leads to an inquest. Some end once the cause of death is established, for example after a post-mortem.
Which coroner covers Bradford?
Bradford falls within the West Yorkshire (Western) coroner area, which also covers Calderdale and Kirklees.[2] Bradford inquests are held at HM Coroner’s Court, Cater Building, 1 Cater Street, Bradford BD1 5AS.[2] The coroner’s officers will usually be the family’s main point of contact. Bradford Council publishes a list of upcoming inquests.
What is an inquest for?
Under section 5 of the Coroners and Justice Act 2009, an inquest is a fact-finding inquiry to establish:
- who the person was
- how, when and where they came by their death
- the details needed to register the death[3]
Where the state may have failed to protect life (under Article 2 of the European Convention on Human Rights), the inquest must also look at in what circumstances the person died. This is sometimes called an Article 2 inquest.[3] It can apply in some deaths in hospital or psychiatric care, for example.
An inquest is not a negligence claim
This is the most important point for families. Section 10 of the Coroners and Justice Act 2009 says the coroner’s conclusion must not be worded in a way that appears to decide:
- civil liability, or
- the criminal liability of a named person[4]
So the coroner won’t decide whether the hospital or doctor was negligent or award compensation. A conclusion such as “natural causes” doesn’t mean a claim is impossible, and a critical conclusion doesn’t guarantee one. A negligence claim is a separate civil process, with its own evidence and time limits.
Even so, the inquest can matter a great deal for any later claim. Families often receive witness statements, the post-mortem report, internal investigation reports and expert evidence, and they hear staff give evidence and answer questions. All of this can help a solicitor and independent experts assess whether the care fell below an acceptable standard and caused the death.
Prevention of future deaths reports
If the investigation reveals a concern that circumstances creating a risk of other deaths will continue, and the coroner thinks action should be taken, the coroner must report the matter to the person or organisation that can act. This is set out in paragraph 7 of Schedule 5 to the Coroners and Justice Act 2009. The organisation must respond in writing, and copies go to the Chief Coroner.[5][6] These are often called prevention of future deaths (PFD) reports.
Can the family ask questions?
Close family members are usually “interested persons”, which means they can:
- receive disclosure of relevant documents
- take part in the inquest
- question witnesses, either themselves or through a lawyer[7]
Many inquests are short and families attend without a lawyer. Where an NHS trust or care provider is legally represented, or the issues are complex, families often find it helps to have advice or representation.
Legal aid and funding for inquests
GOV.UK explains that most inquests don’t need legal representation, and that two types of legal aid can be relevant:
- Legal Help: advice and assistance before the inquest. This is means-tested, although a waiver can apply in some circumstances.[8]
- Exceptional Case Funding (ECF): for representation at the inquest. It is usually available where there is an arguable Article 2 issue or a significant wider public interest.[8] Since 12 January 2022, ECF for inquest representation has not been means-tested where the criteria are met, and related Legal Help is also available without a means test in that situation.[8][9]
Where legal aid isn’t available, we’ll talk to you about other ways the work could be funded, including how inquest work may relate to any later no win, no fee claim, before any work starts.
Time limits keep running
A negligence claim connected with a death usually has to be started within three years of the death or the relevant date of knowledge (Limitation Act 1980, sections 11 and 12)[10][11]. Inquests can take many months, so it’s sensible to get advice about a possible claim while the inquest is still going on rather than waiting for the result.
How our team can help
Who will handle your claim
Sadaf and Farhan can:
- explain the inquest process and what to expect at the Bradford Coroner’s Court
- help you prepare questions and review disclosed documents
- advise on whether there may be a negligence claim, and keep track of the time limit
- request medical records and instruct independent experts
We can speak by phone or video, deal with things by post, or arrange a home visit if you’d rather not come into the office. Our Bradford office is at Unit 3, Campus Road, Listerhills Science Park, BD7 1HR. Call 0333 777 5001, or email enquiries@cooperhallsolicitors.co.uk.
This guide is general information about the law of England and is not legal advice about your situation. Cooper Hall Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA number 639467).
FAQs
Will the coroner decide if the hospital was negligent?
No. Under section 10 of the Coroners and Justice Act 2009, the conclusion must not be framed so as to appear to decide civil liability.[4] Negligence is decided separately, through a civil claim.
Where are Bradford inquests held?
Bradford is in the West Yorkshire (Western) coroner area. Inquests are held at HM Coroner’s Court, Cater Building, 1 Cater Street, Bradford BD1 5AS.[2]
Can I get legal aid for an inquest?
Possibly. Legal Help for advice is means-tested, although a waiver can apply. Exceptional Case Funding for representation is available in qualifying cases, usually where there is an arguable Article 2 issue or a wider public interest, and has not been means-tested since January 2022.[8][9]
Should we wait for the inquest before making a claim?
You don’t have to. The time limit for a claim usually runs from the date of death or date of knowledge,[10][11] so it’s sensible to get advice while the inquest is ongoing.
What is a prevention of future deaths report?
It is a report the coroner must send to an organisation if the investigation shows a risk of other deaths that action should address. The organisation must respond in writing.[5][6]
Can you help without us coming to the office?
Yes. We can speak by phone or video, work by post, or arrange a home visit.
- Coroners and Justice Act 2009, s1 (duty to investigate certain deaths) ↩
- Bradford Council, Contact the Coroner for West Yorkshire (Western) ↩
- Coroners and Justice Act 2009, s5 (matters to be ascertained; s5(2) Convention rights) ↩
- Coroners and Justice Act 2009, s10(2) (determination must not appear to decide civil liability or criminal liability of a named person) ↩
- Coroners and Justice Act 2009, Sch 5 para 7 (action to prevent other deaths) ↩
- Coroners (Investigations) Regulations 2013, SI 2013/1629, reg 28 (prevention of future deaths reports) ↩
- Coroners and Justice Act 2009, s47 (interested persons) ↩
- GOV.UK, Exceptional Case Funding for representation at inquests (Legal Aid Agency, 2022) ↩
- Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021, SI 2021/1423 (non-means-tested inquest ECF from 12 January 2022) ↩
- Limitation Act 1980, s11 (personal injury: 3 years; s11(5) where the injured person dies) ↩
- Limitation Act 1980, s12 (Fatal Accidents Act claims: s12(1) and s12(2)) ↩
