Interested persons
Who is an ‘Interested Person’?
An ‘Interested Person’ in respect of death is a legal term and is defined by law under s.47(2) Coroner and Justice Act 2009. An ‘Interested Person’ includes close relatives or personal representative of the person who has died, as well as any person whose actions may have caused or contributed to the death or who employs them.
An Interested Person may also be a regulatory body or person appointed by a government department, or anybody else the coroner thinks has sufficient interest in the death.
Rights as an Interested Person
An Interested Person has certain rights during the Coroner’s investigation. These include:
- to be told the details of any post-mortem that might take place;
- to be told the date of any hearings and to attend the inquest, and any pre-inquest hearings;
- to receive information and other documents and evidence such as witness statements and expert reports obtained by the coroner which may be used at the inquest hearing. This will include evidence that other interested persons may have given the coroner. This is called ‘advanced disclosure’;
- to ask other witnesses relevant questions at the inquest hearing;
- to make submissions on points of law to the Coroner;
- to bring someone with them to attend the Inquest hearing for support.
Being an Interested Person in a death is a right and not an obligation. The Coroner may offer Interested Person status to you, but you do not need to take up any of the above rights if you do not wish to.
Legal representation
Bereaved families and other Interested Persons are entitled to be legally represented if they choose. At most Inquests families and Interested Persons do not have legal representation and are able to ask questions themselves. In more complex cases where lawyers are involved they will ask questions on behalf of the person or organisation they are representing and can address the Coroner on matters of law.
Public funding (Legal Aid) is not usually available for representation at Inquests so most families have to pay for legal help themselves. In exceptionally complex cases or where Article 2 ECHR is engaged by the facts exceptional public funding may be available. The best thing to do is to speak with a firm of solicitors and take advice from them about what is possible.