Actions Against the Police > Inquests
Obtaining the answers you need to move forward
Dealing with an inquest matter on top of handling the loss of a loved one can undoubtedly be one of the most emotionally troubling and harrowing times of your life. We understand the importance of handling such cases in a sensitive manner as efficiently as possible.
DO YOU NEED ADVICE?
Our team of professionals are experts in exploring the issues that arise from deaths that occur within the State setting – in particular, those that arise from police restraint and that occur within the mental health setting.
Ultimately, our work is directed by you and your needs as the family of the deceased. We tailor our approach to ensure your case is handled professionally and sympathetically. Our service will include the advice and assistance for any appearances before a Coroner’s Court and, if appropriate, to claim for monetary compensation if you decide that is what you would like to pursue.
We understand that it is often difficult to get straight answers from the authorities, be it from:
- The prison system
- The police
- Mental health providers
- Immigration detention centres
We are also aware that investigations carried out by these state authorities following a death can often be highly deficient and ineffective, or even non-existent.
A coroner is required to open an inquest in any case where there is reasonable cause to suspect that the death was due to anything other than natural causes. However, in certain cases, a coroner may be required to open an inquest even when a death is of natural causes. An example would be if the death occurred when a person was in state detention or in police or prison custody at the time.
Our committed, fearless, and highly experienced team of inquest lawyers are dedicated in helping you to hold the authorities to account wherever they may hold some responsibility for a death. We strive to get the answers and reasons for the actions or omissions of those responsible for the care of your loved one to help you understand what happened. For many, these answers can be crucial to ensuring proper closure in relation to the death.
With the benefit of decades of experience in inquest law and representing families in inquests, our experts can offer the expertise you require at this difficult time. We are experienced in handling both Human Rights (Article 2 or ‘Middleton’ inquests) as well as regular ‘Jamieson’ type inquests. We have also aided families in converting what was planned to be an ordinary inquest into the more wide-ranging Article 2 Human Rights inquest.
The volume of paperwork that arises following the death of a loved one can undoubtedly be a significant mountain to climb. However, we are on hand to deal with this for you – from helping you to make legal submissions in the preliminary stages to full legal representation at pre-inquest review and final inquest hearings. We work with you in drawing the key points of relevance to the coroner’s questions for investigation; that is:
- Who the deceased was;
- Where they died;
- When they died; and
- Usually, the most important and troubling aspect – how they died (and in Article 2 inquests, the broader question of ‘in what circumstances’ the person died).
We offer a high-quality service tailored to each individual client, supporting you all the way through what can seem like a very daunting process. We can also advise and represent you in relation to a contemplated complaint and/or civil claim, arising from the death.
We offer legal aid, conditional fee agreement, deferred fee funding and private funding arrangements.
We want to ensure that the outcome is one that is fair and gets to the truth.
A judicial review is a way to challenge the decision of a public body. Public bodies include things such as a local authority, a police force, a Coroner, or a prison. It is a means of a last resort where no other remedy is available.
On What Grounds Can a Judicial Review be Sought?
There are three grounds upon which you can bring a judicial review challenge:
- Illegality – you must show that the organisation concerned acted illegally, i.e. they have committed an error of law when reaching the decision you wish to challenge.
- Irrationality – this means that the decision made by the organisation was so bad that no organisation could reasonably have made that decision in those particular circumstances.
- Procedural Impropriety – this occurs when the organisation fails to comply with an express procedural requirement within legislation when reaching their decision. The nature of any such procedural impropriety is fact specific.
There are very strict time limits for bringing such a challenge.
You must bring a challenge “as soon as possible or at the very latest within 3 months of the date of the decision being challenged.”
If you wish to bring a judicial review challenge, please contact our team who will be able to advise you further.
DO YOU HAVE A CLAIM?
YOUR INQUESTS | ACTIONS AGAINST THE POLICE | TAYLOR ROSE MW EXPERTS
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