Will there be a criminal investigation? Expand 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.
What is an inquest? Expand 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.
When will an inquest happen? Expand 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.
Will there be a public inquiry? Expand 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.
What if there is a public inquiry? Expand 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.
Will the inquiry be independent? Expand 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.
Who has responsibility for my relative’s body? Expand 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.
Can I view the body? Expand 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.
Will the coroner recognise different cultural and religious beliefs and practices in relation to death? Expand 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.
When can I make the funeral arrangements? Expand 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
Do I need a death certificate? Expand 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.