Inquests

Inquests

What is an Article 2 Inquest?

An Article 2 inquest is conducted under Article 2 of the European Convention on Human Rights (ECHR). This type of inquest goes beyond merely determining the identity of the deceased and the circumstances of their death. It also investigates whether the state failed in its duty to safeguard the deceased’s right to life.

Article 2 inquests are relevant in situations such as deaths in police custody, in prisons, or when there are concerns about whether state agents' actions or omissions contributed to the death. An example includes our representation of families affected by the crimes of serial killer Stephen Port.

These cases often involve independent investigations, such as those conducted by the Independent Office for Police Conduct (IOPC) or Serious Incident Reports by hospital trusts, which are examined during the inquest hearings.

Although Coroners cannot determine civil or criminal liability, their questioning and conclusions during the inquest can support future legal actions, such as civil claims for damages by the families involved.

At Lloyd James Law, our team is highly skilled in representing families during Article 2 inquests. We have successfully handled numerous cases resulting in significant findings and conclusions, including instances where police forces and mental health trusts were found to have failed in their duties.

We frequently make compelling submissions to Coroners on behalf of families, arguing why an Article 2 inquest is necessary. This ensures a more thorough investigation into the issues that may have contributed to their loved one's death.

Article 2 inquests often involve allegations of incompetence, neglect, and inadequate care against state bodies and organisations. 

State bodies facing such allegations are typically defended by legal teams committed to countering any claims of duty breaches. This makes the role of a specialist lawyer, supporting families in inquests involving the state, more crucial than ever.

Coroners are required to publish Regulation 28 Reports, also known as 'Prevention of Future Death Reports,' when they believe that action is necessary to prevent similar tragedies from occurring in the future.

These reports are commonly issued at the end of Article 2 inquests, particularly in cases involving deaths related to police actions, state custody, clinical and medical procedures, and mental health issues. They often result in significant changes to protocols, 

improvements in local and national training, and efforts to enhance public safety.

Medical Negligence Concerns

Inquests are conducted in cases of unexpected deaths where the Coroner deems an investigation necessary. When medical negligence is suspected to have contributed to a death, obtaining clarity from the professionals involved can be challenging due to the scrutiny of their performance and conduct.

This underscores the importance of seeking independent legal representation during an inquest to obtain essential answers about the medical treatment your loved one received. Our solicitors, specializing in medical negligence inquests, can assist you in starting this process and guide you through the inquest proceedings.

Inquests and Compensation Claims

If a loved one has died due to a medical error, you may have grounds for a negligence claim. Pursuing such a claim could provide funding for an inquest solicitor. For more complex cases, public funding might be available through the Legal Aid Agency, or, in some instances, through crowdfunding.

We offer services on a private, fee-paying basis and will provide a clear breakdown of costs upfront. Obtaining the right advice is crucial for determining the best course of action for your situation.

Advantages of Legal Representation

Representing yourself at an inquest can be daunting, especially if you're unfamiliar with the legal process. The primary aim of an inquest is not to assign blame but to determine the cause of death. However, the Coroner has the authority to issue reports aimed at preventing future deaths if failures related to the cause of death are identified.

While legal representation is not required by law, NHS trusts and other organizations often have highly qualified lawyers representing them. Therefore, having your own legal support can be invaluable during this time.

If you have questions about your loved one's death and want to be fully involved in the inquest process, it’s beneficial to have a legal expert with extensive inquest experience by your side.

Specialists in Medical Inquests

At Lloyd James Law, our inquest lawyers have extensive experience in representing clients at inquests and handling fatal accident claims to ensure your interests are well-represented. A dedicated inquest lawyer will support and guide you throughout your case, making the process as smooth and stress-free as possible.

By choosing Lloyd James Law, you will benefit from the full support of a specialist lawyer who will:

• Obtain and analyse medical reports and post-mortem evidence.
• Question key witnesses and medical staff during the inquest.
• Advocate for an appropriate verdict from the Coroner.
• Pursue compensation claims through the Civil courts if applicable after the inquest.
• Work to secure policy changes to prevent similar tragedies in the future.

At Lloyd James Law, we understand that every case is unique. That's why we take a personalised approach to every case, tailoring your strategy to fit your individual needs and circumstances.