Frances Gibb, Legal Editor
Claim your free 2010 double sided wall chart
Bereaved relatives are to have a new right of appeal regarding inquest rulings, under an extensive reform of the coroners’ system.
Legislation will allow relatives to challenge a coroner’s decision on whether an inquest is held with a jury; the holding of a second postmortem examination; and even the verdict.
At present the sole route to such a challenge is through judicial review, which is prohibitively costly. Yet the changes, expected to be announced in the Queen’s Speech, could still leave the system open to accusations of being a “postcode lottery”.
The reforms, the first big changes for more than a hundred years, are intended to modernise the service and follow more than five years of consultation.
André Rebello, secretary of the Coroners’ Society of England and Wales, said that reform was needed urgently. “The coroners’ services have become blighted,” he said. “The society fully accepts the difficult decisions that local authorities have in planning the spending between various essential services. However, some local authorities and police authorities have not made adequate provision for a coroner’s service . . . many coroners are working with inadequate court facilities, offices and support staff, all of which tragically neglects the bereaved.
“All coroners should be enabled to deliver a service from a similar infrastructure. It is fair to add that there has been little national guidance and support and it is not surprising that there is a perception of a postcode lottery given the varying resources available to coroners,” he added.
Bridget Prentice, the minister in charge, told The Times that she was disappointed that a slot had not been found for the Bill in the last legislative session and that she was determined it should be a priority for the next session. The aim of the Bill would be to modernise the service through a “good national framework and leadership, while ensuring the service remains firmly grounded locally, and by making sure that investigations and inquests are more effective”.
However, the impact of the reforms is expected to be diluted by a lack of resources. The original draft Bill had put local authorities under a duty to provide and maintain accommodation for investigations and inquests. The revised Bill allows the local authority to “provide and maintain whatever accommodation it thinks appropriate.”
The Bill has also dropped the controversial proposal that would have allowed coroners to impose reporting restrictions in sensitive cases.
Similarly, the proposal enabling the Lord Chancellor to limit coroners’ powers to call evidence has been dropped. Coroners’ powers to require organisations to take action to prevent deaths in future have however been strengthened. From July a statutory duty was placed on organisations to respond to coroners’ reports on action that should be taken to prevent deaths and to share reports with bereaved families.
Ms Prentice said: “Families often express their wish that something positive might come out of a coroner’s inquiry and hope that agencies will take preventative action so that the death of their relative is not in vain.
“Under the new rules we’re introducing, organisations will no longer be able to ignore coroners’ reports sent to them and will be required to respond. Family members will be provided with copies of both the reports and responses, giving them more involvement and a chance to see what preventative action may be taken.”
From medieval to modern
The Bill will:
— Contain a new right of appeal to a chief coroner against certain decisions
by coroners
— Include provision for registered medical practitioners to notify the coroner
of relevant deaths
— Require juries to be retained for workplace-death inquests
— Mean that the same duty to investigate deaths will apply where a death
occurs abroad
— Require local authorities to provide accommodation that enables the coroner
to carry out his or her functions
Coroners:
— Are charged with investigating sudden, violent or unnatural deaths
— The office of coroner dates from 1194 and developed from being a tax
gatherer to an independent judicial officer.
— The current system dates from 1887
— There are more than 120 coroners in England and Wales
— They must have legal or medical qualifications; some have both
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
c. £70,000
The Duke of Edinburgh’s Award
Windsor
£123,460 pa
The Law Commission
London
Southwark County Council
Competitive + bonus + benefits
Manchester United
Central London
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Includes flights, accommodation with room upgrades, transfers city tours in Hong Kong and Bangkok.
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Choose from the beautiful landscape and tranquil beaches of Oahu, Kauai, Maui & Big Island.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.