Supporting Bereaved Families at Inquests Involving Failures in Mental Health Care

An inquest can be an important step towards understanding how and why a loved one died while under the care of mental health services. For bereaved families, however, the process may feel unfamiliar and daunting particularly where an NHS body or other organisation has its own legal team.

Currently, bereaved families can receive non-means-tested legal funding for an inquest into the death of a family member who died while a mental health patient only if the coroner decides that Article 2 of the European Convention on Human Rights is engaged because there are serious questions as to whether the state (NHS Trust) failed to protect the patient’s life. Article 2 inquests go beyond just “how” the person died, and examine the wider circumstances of their death. If Article 2 is not engaged for an inquest, families may be left without public funding and find it difficult to secure legal representation.

However proposed reforms under the Public Office (Accountability) Bill, sometimes called the “Hillsborough Law”, would strengthen duties of candour and assistance at inquests required of public authorities including NHS Trusts. Importantly, they would also expand non-means-tested legal aid for bereaved families at inquests where a public authority is an Interested Person. The Public Office (Accountability) Bill is still progressing through Parliament, but it reflects growing recognition that families should be able to participate effectively and on a more equal footing.

Every family and every inquest is different. Our medical negligence lawyers combine technical expertise with a sensitive, straightforward approach, ensuring your concerns are heard and the right questions are asked.

If you need advice following the death of a loved one following failures in their mental health care, contact us on 0330 822 3451 for a confidential discussion about how we can help. Or request a callback.