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INQUESTS & PUBLIC INQUIRIES: An Introduction

INQUESTS AND PUBLIC INQUIRIES: An Introduction  

By QEB Hollis Whiteman’s Inquests, Inquiries and Public Law Team

Inquests and inquiries continue to involve some of the most troubling but interesting work at the Bar. Whilst these proceedings were inevitably affected by the COVID-19 pandemic, coroners and inquiry panels adapted and continued with their work where possible. The response to the pandemic will also be considered at a major new inquiry, demonstrating that the practice area remains key to understanding the most grave and important issues of our time.

Overview of 2020–21 

Inquests 

Whilst 2020 saw the largest number of registered deaths in England and Wales since 1995, it also saw a decrease in the number of deaths actually reported to coroners (the lowest since 1995). The 2020 Coroners’ statistics document suggests this is “likely a function of the numbers of registered deaths caused by Covid-19 infection, the majority of which will have been of natural cause”.

However coroners’ statistics revealed that deaths in state detention had increased by 18% in 2020. This reflects an increase in deaths in custody and of those detained under the Mental Health Act 1983. It will inevitably mean an increase in inquests where Article 2 of the ECHR is engaged.

Whilst the COVID measures curtailed the ability to hear inquests, particularly those with a jury, coroners’ courts moved quickly to adapt to remote working. The Chief Coroner issued Guidance on recovery from the Covid-19 Pandemic, which noted the need to take steps to deal with outstanding cases and help the system to recover as quickly as possible. Inquests continued to be held with the positive assistance of interested persons and their lawyers, either on the papers, remotely by video, or using special venues. The Fishmongers’ Hall Inquests are a good example of substantial proceedings continuing notwithstanding the restrictions. They did so at the socially distanced Guildhall in the City of London.

A glance at some of the most significant inquests of 2020-2021 demonstrate the capacity of this form of inquiry to consider socially important issues. Ella Adoo-Kissi-Debrah, a nine year old girl who died following an asthma attack, became the first person in the UK to have air pollution listed as a cause of death. Inquests into the deaths of the Streatham terrorist, Sudesh Amman, as well as the Fishmongers’ Hall Inquests, saw a continued scrutiny of the state and its ability to protect its citizens from terrorist attack. Following the death of Anthony Slack, 85, after he became infected with coronavirus at his care home, the senior coroner for Greater Manchester South issued a prevention of future death report to a number of public authorities including the Care Quality Commission, NHS England and Public Health England.

Finally, we continue to see the conversion of inquests to statutory public inquiries. The ongoing Manchester Arena Inquiry and Public Inquiry into the death of Jermaine Baker started as inquests. And Baroness Heather Hallett, appointed as coroner at the inquest into the Novichok poisonings in Salisbury, will request that it should be converted too. These conversions under the Coroners and Justice Act 2009 are sometimes requested where sensitive material forms part of the evidence and it is felt that the framework under the Inquiries Act 2005 provides a better regime in which to consider it.

Public inquiries 

As at July 2021, there were 12 ongoing and announced statutory inquiries in the UK and the list is likely to grow. They include the Grenfell Tower Inquiry, the Undercover Policing Inquiry and the Independent Inquiry into Child Sexual Abuse. In Scotland, the Scottish Child Abuse Inquiry continues as do the Independent Neurology Inquiry, the Urology Services Inquiry and the Muckamore Abbey Hospital Inquiry in Northern Ireland.

These inquiries are often substantial and long-lasting. The Grenfell Inquiry is approaching 650 core participants, from individual bereaved, survivors and residents through to commercial organisations, trade unions and public bodies, represented in most cases by a legal team including some of this field’s best known barristers. The Inquiry’s costs have already exceeded £117m and that does not take into account the legal and other fees of those who are not funded by it. Delay remains a problem. The secretive nature of information the Undercover Policing Inquiry has to contend with has led to a great deal of legal argument and the slow and painstaking process of reviewing and redacting documents. The Edinburgh Tram Inquiry started in September 2017, with closing submissions in May 2018 but it is still to report.

COVID-19 adversely affected inquiries just as it did inquests. Inquiries were initially interrupted but were generally able to adapt and continue online or with hybrid proceedings, permitting certain personnel into the hearing location and requiring others to attend via Zoom or similar. This worked well and allowed proceedings to continue but arguably came at a price. Some of those most closely affected by the issues being considered were understandably unhappy that they were unable to be in the room whilst key witnesses gave evidence.

Just as we have seen inquests convert to inquiries, we have also seen non-statutory inquiries convert to statutory inquiries under the Inquiries Act 2005. The Post Office Horizon IT Inquiry was converted in this way after the Court of Appeal quashed 39 convictions in cases brought by the Post Office. Consequently, it will proceed on the more formal statutory basis, with new powers such as compelling evidence.

Looking ahead  

September 2021 saw the government announce its response to the Coroner Service Inquiry. The government said that it would take forward legislation removing the means test for bereaved families applying for legal aid through the exceptional case funding scheme. For those representing families this will be seen as a step in the right direction in making obtaining legal aid more straight forward.

Early 2022 has been provisionally identified for the resumption of the inquest into the deaths of 11 people at the Shoreham Airshow crash. This is subject to the outcome of an application on behalf of the Coroner to be granted access to protected material arising from the concluded criminal proceedings.

In June 2021 it was announced by the Presiding Coroner of Northern Ireland, Mr Justice McFarland, that a number of delayed legacy inquests arising from the Troubles would now be re-listed. Further legacy inquests are anticipated to include that into the deaths of five shot dead by the British army at Springhill in West Belfast in July 1972.

The public inquiry remains a favoured model of investigation into matters of public importance and concern across the UK, notwithstanding inquiries’ often lengthy duration and cost. The number of major inquiries underway or announced continues to grow, including now the COVID-19 inquiry (or, strictly speaking, inquiries, as the different UK jurisdictions may each host their own inquiry). The Prime Minister announced a statutory public inquiry in May 2021 and said that it would be set up by spring 2022, although few further details have been provided. It is likely to be a major undertaking and there has been much discussion about the issues it should address and the way in which it should do so.

Nicholas Griffin KC, Thomas Coke-Smyth and Ruth Broadbent
QEB Hollis Whiteman