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  1. Help and advice
  2. Families bereaved by Covid-19

Information for families bereaved by Covid-19

For over 35 years INQUEST has provided free, confidential advice about contentious deaths and their investigation to bereaved people, community groups, lawyers and the voluntary sector. We are independent of the government.

This means that we are uniquely placed to advise about the various investigations which may be now taking place into possibly preventable deaths as a result of Covid-19. This will include deaths in custody and detention and other care settings and the deaths of healthcare and key workers during the pandemic.

We will work to try and ensure the meaningful engagement of bereaved people in the legal processes underway so that they can deliver truth and justice and hold those responsible to account.

This page aims to provide answers to some of the immediate questions we are hearing from families whose relatives have died from Covid-19. We also advise that you seek legal advice from specialist lawyers as soon as possible to protect your rights. We can help you to find the right lawyer, from our INQUEST Lawyers Group.

Contact INQUEST

Also see: Covid-19: other sources of support

Frequently asked questions:

Download a PDF version of these FAQ's. 

Will there be a criminal investigation?

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It is not yet known whether there will be any criminal investigations, given the pandemic is ongoing. More will be known once investigations have begun into the deaths of healthcare and key workers. In general terms, any death in the workplace could give rise to a criminal investigation where there are reasonable grounds to suspect, for example, a breach of the Health & Safety at Work Act 1974, gross negligence manslaughter or corporate manslaughter. 

Published: 9th May, 2020

Updated: 20th May, 2020

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What is an inquest?

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An inquest is a fact finding investigation to establish who a person was and where, when and how they died. It is a legal procedure presided over by a coroner, sometimes with a jury. A coroner must consider whether future deaths in similar circumstances can be prevented and can recommend changes are made. Hearings are held in open court and families can be represented. Whilst public funding can be restrictive is it advisable to speak to a caseworker or lawyer to check your eligibility.

Published: 10th May, 2020

Updated: 20th May, 2020

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When will an inquest happen?

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As soon as a deceased is identified the coroner should open an inquest. This normally involves a short hearing where the name, age and very brief details of the deceased and a preliminary cause of death are read out in open court. There may be multiple inquests opened at the same time. The coroner will then adjourn the inquest for initial investigations to be conducted. Families can ask for particular issues which they believe may have contributed to the death to be considered, including where a death from Covid-19 may have been prevented.

If any criminal investigation and/or public inquiry is to take place, these are likely to happen first and the inquest will be adjourned until they conclude. In the event that a public inquiry takes place the panel may seek to discharge the coroner’s functions. Once any criminal investigation or public inquiry are completed the coroner will decide whether the inquests are necessary and should resume.

Published: 11th May, 2020

Updated: 20th May, 2020

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Will there be a public inquiry?

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The Government has not yet announced a full public inquiry into the deaths of healthcare and key workers or any aspect of its handling of the Covid-19 pandemic.

Published: 12th May, 2020

Updated: 20th May, 2020

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What if there is a public inquiry?

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The first step will be for the government to determine the purpose of an inquiry. It will then appoint an Inquiry Panel or Chairperson. It should also consult on the Inquiry’s Terms of Reference. The Panel or Chairperson will then determine who should be granted “core participant” status pursuant to Paragraph 5 of the Inquiry Rules 2006.

Core participant status would be granted to those who played a direct and significant role in relation to the matters to which the inquiry relates, those who have a ‘significant interest’ in an important aspect of the matters to which the inquiry relates or those who may be subject to explicit or significant criticism through the inquiry. Core participants may be entitled to funding for legal representation to enable them to play as full a role as they wish.

The inquiry will be able to compel the production of documentary evidence and hear witnesses give evidence on oath. It will be able to make interim findings which, among other things, would be a prompt way of protecting other healthcare and key workers exposed to Covid-19 (or another similar virus) in the future. Core participants can apply to ask questions of any inquiry witnesses; make an opening and closing statement to the inquiry panel, and receive a copy of the inquiry report.

Published: 13th May, 2020

Updated: 20th May, 2020

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Will the inquiry be independent?

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We hope that with robust legal representation for those affected, an inquiry can meet the concerns of victims and survivors in terms of being independent and being able to make critical findings. The earlier you seek legal representation the more likely it is that your voice will be heard.

Published: 14th May, 2020

Updated: 20th May, 2020

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Who has responsibility for my relative’s body?

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While various examinations are conducted, the coroner has control of the body, and it cannot be released for funeral without their permission. Queries about the release of the body and about the post mortem can be put to the relevant coroner’s office.

Published: 15th May, 2020

Updated: 20th May, 2020

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Can I view the body?

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Generally, yes and arrangements are made through the coroner’s office. During the pandemic the Government advice is that the family should not take part in any rituals or practices that bring them into close contact with the body of an individual who has died from Covid-19. You should seek legal advice if you feel you are being prevented from seeing your relative’s body in this way.

Published: 16th May, 2020

Updated: 20th May, 2020

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Will the coroner recognise different cultural and religious beliefs and practices in relation to death?

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It is important to inform the coroner about your beliefs and practices so that within the legal framework, they can be sensitive to your needs.

The revised guidance for the pandemic includes the attendance of a celebrant of choice, should the family request this.

Published: 17th May, 2020

Updated: 20th May, 2020

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When can I make the funeral arrangements?

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The funeral cannot take place until the coroner has agreed to release the body, but it may be helpful to contact a funeral director of your choice at an early stage who can give you practical help with making arrangements. You should retain all receipts in case costs can be reclaimed. The rules in relation to social distancing applies to funerals. Currently only members of the person’s household, close family members or if the above are unable to attend, close friends may attend. You can find further information about funeral arrangements here and you should read this to check the up-to-date position:

https://www.gov.uk/government/publications/covid-19-guidance-for-managing-a-funeral-during-the-coronavirus-pandemic/covid-19-guidance-for-managing-a-funeral-during-the-coronavirus-pandemic

Published: 18th May, 2020

Updated: 20th May, 2020

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Do I need a death certificate?

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A death certificate is a legal document that is sent to the Registrar of births and deaths, to record the details of a person who has died and the cause of death. The coroner will issue an interim certificate when the body is identified and released for a funeral to be held. You may need this for the administrative procedures that follow a death such as closing bank accounts, informing benefit agencies, obtaining probate etc.

Published: 19th May, 2020

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INQUEST covers England and Wales. Charitable Trust Registered Charity No. 1046650. Registered Company No. 03054853