Families often first encounter the coronial process when they receive notice of an inquest or a pre-inquest review hearing. The paperwork can feel unfamiliar and formal. Important decisions may be made early: who is an interested person, what documents will be disclosed, which witnesses will be called, whether expert evidence is needed, whether Article 2 is engaged, and what issues the inquest will examine.

Linley James Solicitors can help families, personal representatives, attorneys, deputies and other interested persons prepare properly for the coronial process.

What is an interested person?

An interested person is someone with a recognised interest in the coronial investigation. This may include close family members, personal representatives, organisations involved in the death, or persons whose acts or omissions may have caused or contributed to death. The coroner may also recognise others who have a sufficient interest.

Interested person status matters because it may allow participation in the inquest process. It may give access to disclosure, the ability to attend pre-inquest review hearings, make submissions, suggest witnesses, propose lines of enquiry and ask relevant questions of witnesses, subject to the coroner’s control.

In vulnerable adult cases, interested person status can be sensitive. A person may present themselves as the natural representative of the deceased’s interests, while also being the person whose conduct requires scrutiny. For example, an attorney may seek to participate while there are concerns that they reduced care, misused money, restricted visits or delayed medical treatment.

Linley James Solicitors can advise who should seek interested person status and how to make the request.

What is a pre-inquest review hearing?

A pre-inquest review is a case-management hearing before the final inquest. It does not decide the cause of death. Its purpose is to organise the investigation and ensure that the final hearing deals with the right issues.

At a pre-inquest review, the coroner may consider:

  • the scope of the inquest;
  • interested person status;
  • disclosure;
  • which witnesses should attend;
  • whether expert evidence is needed;
  • whether Article 2 is engaged;
  • whether a jury is required;
  • the likely length of the final hearing;
  • whether evidence can be read;
  • what issues the inquest will examine;
  • whether further records or reports are required.

In cases involving vulnerable adults, poor care or safeguarding concerns, the pre-inquest review can be crucial. It may be the best opportunity to ask for missing records, identify relevant witnesses and ensure that the coroner understands the family’s concerns.

Preparing for a pre-inquest review

Good preparation usually involves:

  • setting out a clear chronology;
  • identifying what is known and unknown;
  • reviewing the medical cause of death;
  • listing missing documents;
  • identifying contradictions in records;
  • identifying witnesses who should be called;
  • explaining why particular issues are relevant to death;
  • considering Article 2;
  • considering whether expert evidence is needed;
  • considering whether a PFD report may later be relevant.

A pre-inquest review should not be used to raise every complaint. The strongest submissions focus on the issues that may help the coroner answer how the person came by their death.

Disclosure and missing records

Disclosure can be one of the most important parts of the coronial process. In vulnerable adult and care cases, relevant records may include:

  • hospital records;
  • GP records;
  • ambulance records;
  • care-home records;
  • home-care notes;
  • MAR charts;
  • food and fluid charts;
  • weight records;
  • falls records;
  • incident forms;
  • pressure sore and tissue viability records;
  • DoLS documents;
  • safeguarding records;
  • CQC notifications;
  • internal investigation reports;
  • complaints;
  • bank records where financial abuse may be relevant;
  • witness statements;
  • photographs, messages and digital evidence.

Linley James Solicitors can review disclosure, identify what is missing, and prepare reasoned requests for further evidence.

How Linley James Solicitors can help

Linley James Solicitors can assist with:

  • applications for interested person status;
  • preparing for pre-inquest review hearings;
  • reviewing disclosure;
  • requesting missing documents;
  • preparing written submissions;
  • identifying relevant witnesses;
  • considering expert evidence;
  • advising on Article 2;
  • preparing questions for witnesses;
  • representing clients at pre-inquest reviews;
  • preparing for the final inquest.

Contact Linley James Solicitors

Linley James Solicitors advise and represent clients in pre-inquest review hearings, interested person applications and coronial proceedings.

0207 060 1210