Her Majesty's Coroners Eastern District of London
Introduction
The Eastern District of London Coroner’s Service covers five London Boroughs - Waltham Forest, Newham, Redbridge, Havering and Barking & Dagenham.
The Coroners Court is situated at:-
Queens Road
Walthamstow
London E17 8QP
Telephone: 020 8496 5000
Fax No: (for Walthamstow, Newham and Redbridge): 020 8496 3378
Fax No: (for Barking & Dagenham and Havering): 020 8496 3379
The office hours are:-
Monday to Friday, between 08.00am and 12.00pm and 1.00pm and 3.30pm.
The following is a brief synopsis of the work of the Coroner
Who are Coroners?
The office of Coroner is very ancient and dates back to William the Conqueror.
Coroners are independent judicial officers in England and Wales who must follow laws that apply to Coroners and Inquests. They must be a qualified and experienced doctor, solicitor or barrister. Her Majesty’s Coroner for the Eastern District of London is Dr Elizabeth Stearns, who is a Doctor and a Barrister at Law. The Deputy Coroner is Dr William Dolman. The Assistant Deputy Coroner is Dr Fiona Wilcox.
The Coroner’s Service is funded jointly by the local authorities within the Eastern District of London Coroners Jurisdiction.
What do Coroners do?
Coroners inquire into deaths reported to them that appear to be of a violent, unnatural, sudden or unknown cause. The Coroner will seek to establish the medical cause of death.
What is the role of the Coroners Officer?
Coroners Officers work under the direction of the Coroner and liaise with bereaved families, the emergency services, government agencies, doctors, hospitals and funeral directors.
Natural deaths
If a person dies of an expected illness and a Registered Medical Practitioner has seen them during their last illness and within fourteen days of the death, that doctor can issue a Medical Cause of Death certificate. Under these circumstances there is no involvement of the Coroners Service.
Are all deaths reported to the Coroner?
No, in most cases, a GP or hospital doctor can certify the medical cause of death and issue the Medical Cause of Death Certificate. The death can then be registered with the Registrar of Births and Deaths. The Registrar may refer deaths to the Coroner if the cause shown is unacceptable or requires further inquiries.
Which deaths need to be referred to the Coroner?
When the cause of death is unknown or cannot be ascertained. All deaths of an unnatural or violent nature, or where there are suspicious circumstances, are also referred. The Coroner will seek to establish the medical cause of death by post-mortem examination.
What is a Post-mortem examination?
A post-mortem examination is a medical examination of a body carried out by a pathologist appointed by the Coroner. The Coroner will give notice of the need for an examination unless this is not practicable or would unduly delay the examination.
The consent of the next-of-kin is not required for a Coroner’s post-mortem, however the next-of-kin are entitled to be represented at the examination by a doctor of their choice.
Post-mortem report
This report gives details of the examination of the body. It may also give details of any laboratory tests carried out. Copies of the report will normally be available to the next-of-kin and to certain other parties. A Local Authority administration fee is payable.
If the cause of death remains unknown or it is determined to be as the result of a violent or unnatural cause, then a formal Inquest will be opened.
The Coroner will thoroughly investigate the death, obtaining statements from all parties with any useful information. Frequently the police will also assist in the investigation, particularly if there are suspicions surrounding the death.
Medical Records
Medical records remain confidential after death. Coroners are entitled to request medical information that is relevant and necessary to their inquiries.
Bodies brought into the jurisdiction from abroad
If a body is repatriated to this country it is generally accepted that the Coroner within whose jurisdiction the body will finally lay must be notified. The Coroner will then decide whether an Inquest is necessary.
Bodies to be taken out of the Country
The Coroner must be given written notice of any body being taken out of the Country (England and Wales). The Coroner will issue an Out of England Order, but is permitted to withhold the transportation for up to four working days in order to make all necessary enquiries.
When can the funeral be held?
If the post-mortem determined the cause of death to be natural, the Coroner will release the body and issue a form to the local Registrars office notifying them that the death can be registered.
The Registrar will issue a Burial Order unless there is to be a cremation in which case the Coroner will issue a Cremation Certificate.
If there is to be an Inquest, the Coroner will issue either a Burial Order or a Cremation Certificate. If charges have been brought against somebody for causing the death, it may be necessary to have a second post-mortem or further investigations, and the release of the body and the funeral arrangements may be delayed.
Issue of the Death Certificate
If the death was due to natural causes the Registrar will issue a Death Certificate. If there is to be an Inquest the Coroner will issue an Interim Certificate, which is a statement of fact as to the death. This will assist in the administration of the deceased’s estate. When the Inquest is completed the Coroner will notify the Registrar and a Death Certificate can then be obtained.
What is an Inquest?
An Inquest is usually opened primarily to record that a death has occurred and to identify the deceased. It will then be adjourned until any police enquires and the Coroner’s investigations are completed. Once all the information has been collected, a full inquest hearing will be held. The Inquest is a factual inquiry to determine:
- Who has died
- When and where the death occurred
- How that person came by their death
An Inquest is not a trial, and is not to apportion blame.
Attendance at an Inquest
When the Coroner’s investigations are complete, a date for the resumed Inquest is set and the people entitled to be notified will be told. Inquests are open to the public and members of the press are usually present.
Witnesses called to give evidence
Coroners decide who should give evidence as a witness. Anyone who believes they may help, can offer to give evidence, or anyone who believes a particular witness should be called can inform the Coroner, in advance, in writing. Witnesses can be compelled to attend.
Questioning of witnesses
The Coroner will first question witnesses and there may be further questions by ‘properly interested persons’ or their legal representatives. Questions must be relevant to the purpose of the Inquest.
- Persons with a ‘proper interest’ include:-
- Parent, child, spouse, partner (under the Civil Partnership Act), or legal personal representatives of the deceased
- People who may have a responsibility for the death
- A beneficiary from an Insurance policy relating to the deceased
- Representatives of any relevant insurance company.
- A representative of any relevant trade union (if the death arose in connection with the person’s employment or was due to Industrial disease)
- Certain inspectors or representatives of an Enforcing Authority or persons appointed by a Government department
- The Chief Officer of Police (by counsel or solicitor)
- Any other person who, in the opinion of the Coroner, is a ‘properly interested person’
Inquests with a Jury
The Inquest will be heard before a jury if the death occurs in prisons, whilst in police custody, persons detained under the Mental Health Act, deaths reportable to a Government department and deaths concerning Public Safety. In Jury Inquests, the Coroner decides matters of law and the jury decides the verdict.
Verdicts
Inquests do not determine blame and the verdict must not identify someone as having criminal or civil liability. Possible verdicts include: natural causes, accident or misadventure, suicide, unlawful or lawful killing, industrial disease, and open verdicts (where there is insufficient evidence for any other verdict). The Coroner may also give a verdict in a narrative format.
The Coroner may also report the death to any appropriate person or authority, if action is required to prevent more deaths, in similar circumstances.
What can you do if you are dissatisfied with the outcome of an Inquest?
It is possible to challenge Coroner’s decisions or verdicts, but the grounds for doing so are complicated and needs explanation by a lawyer with expertise in this area of law. Normally, an application for a Judicial Review must be made within three months.
Inquest records
The Court Inquest proceedings are usually electronically recorded. A typed transcript of the hearing can be released to properly interested persons (as determined by the Coroner) on payment of a fee.
Criminal proceedings
If a charge is to be heard at a Magistrates Court, the Inquest should be completed before the court hearing. If a person is charged with the offence of causing the death, which is to be heard in the Crown or higher court, the Coroner will adjourn the Inquest hearing. If a case is heard in the higher court the Coroner is advised of the outcome, and if the facts were fully aired the Inquest is not normally re-opened. The Registrar is notified that the Inquest is formally closed. If the higher court matter failed to go ahead, or the facts were not fully aired, the case is referred back to the Coroner for the inquest hearing to be resumed.
Civil proceedings
Civil proceedings (i.e. for compensation) are not dependent on the outcome of an Inquest or criminal proceedings. You will need to seek a lawyer’s advise about time limits and the procedures that apply.
Is Legal Aid available?
Legal aid is not normally available to fund legal representation at an Inquest. Legal advice under the ‘Green Form’ scheme may be available for those who are financially eligible.
Treasure Act
Formally known as Treasure Trove, such items found should be brought to the attention of Police, who will inform the Coroner.
Department of Social Security – Benefits Agency
A booklet ‘What to do after Death’ in England and Wales explains statutory, probate and benefits procedures. Copies can be obtained from local offices of the benefits agency or your local Citizens Advise Bureau.
Other sources of information
Ministry of Justice
Coroners Division
Selborne House
54 Victoria Street
London
SW1E 6QW
United Kingdom
Telephone 020 7210 8500
http://www.justice.gov.uk/whatwedo/coroners.htm (external)
Contact us
Walthamstow Coroners Court
Queens Road
Walthamstow
London E17 8QP
Direct line 020 8496 3883
Tel 020 8496 5000
Fax 020 8496 3378/9
Email sue.hardie@walthamforest.gov.uk
