After an inquest
The Coroner's Office will send the paperwork to the Registration Office. The person’s death will be formally registered, and you will be able to apply for any death certificates. We recommend that where possible you should wait a few days after the inquest to apply for any death certificates.
What happens when someone has been charged with causing the death
If there are criminal proceedings against a person or people who may have caused the deceased's death, the inquest will be put on hold until the criminal case is resolved. This is because the criminal matters must be dealt with first and the Coroner will need to be told of the outcome of the Court case.
If someone is convicted (found guilty) of murder, manslaughter or causing death by dangerous driving following a trial, and all the evidence and facts have been heard and examined in open Court, the Coroner may decide that there is no need to hold an inquest.
If someone is charged but later acquitted (found not guilty), it may or may not be necessary to hold an inquest, depending on the facts and what evidence has been heard in Court. Sometimes all the evidence has already been explored to a satisfactory degree. At other times, it has not and the Coroner has a duty to do so, if they think that there is sufficient reason.
If the case is referred to the Crown Prosecution Service and the decision is made not to charge anyone in connection with the death, or if no-one can be found to be charged, then an inquest will be opened.
What happens if an inquest concludes that further deaths may be prevented, and lessons could be learned
Sometimes a Coroner’s investigation will show that something could be done to prevent other deaths. If so, the Coroner will write a report bringing this to the attention of an organisation (or person) who may be able to take action. This is called a ‘report to prevent future deaths’ or a ‘Regulation 28 Report’. Within 56 days, the organisation or person must send the Coroner a written response to the report, saying what action they will take as a result.
The family of the person who has died will be provided with a copy of any such report, and any response received. The reports are also published on the Chief Coroner’s website.
Challenging the conclusion of the inquest
A decision made by a Coroner during the inquest or the conclusion reached at the end of an inquest may be challenged in certain (limited) circumstances. To do so, you need to make an application to the High Court for permission to seek a ‘judicial review’ of the Coroner’s decision.
Judicial review evaluates whether the law and the right procedures have been followed. If you want to challenge a Coroner’s decision or the inquest conclusion by judicial review, you need to do this as soon as possible and no later than three months after the date of the decision or of the inquest ending.
If you are thinking about challenging a Coroner’s decision by way of judicial review, you should first seek advice from a lawyer with experience in this area of the law, as judicial reviews are a complicated legal process. You may or may not be entitled to legal aid for judicial review proceedings.
Decisions can also be challenged via the Attorney General (the Government’s chief legal adviser). The Attorney General, or someone who has the Attorney General’s permission, can apply to the High Court for an investigation (with inquest) to be carried out if a Coroner has not held one, or for a fresh investigation to be held (for example because new evidence has come to light). The High Court will only allow a fresh investigation if it will be in the interests of justice. There is no time limit for making these applications. Again, if you are thinking about doing this, you should first seek advice from a lawyer with expertise in this area.