Military inquest delays: Lawyer explores issue and what needs to be done to help families
An inquest serves as an inquiry into the circumstances surrounding a death, aiming to uncover who the deceased person was, as well as where, when, and how they died.
‘How’ is normally interpreted as ‘by what means’ did someone die, but in particular circumstances, for the Coroner to comply with the ECHR Article 2 right to life an enhanced inquest will be held, which must ascertain not only ‘by what means’ a person died but also delves into the circumstances. Whether Article 2 is invoked or not, the outcome of the investigations provide crucial answers for bereaved families of the deceased, allowing them to start to move forward in their grief.
Delays increase over recent years
The Coronial system generally in England and Wales has suffered from gradually increasing delays in recent years, which I've seen in my role as a serious injury lawyer.
Inquests should ideally conclude within six months, but the numbers of inquests lasting more than two years to conclude in England in Wales quadrupled from 378 in 2017 to 1,760 in 2022.
Families' anguish is prolonged
Irwin Mitchell represents families of the deceased at inquests, and as part of this work I've witnessed first-hand the waits for closure that families experience, which only prolong their anguish.
In particular, the firm’s military team have helped to support families where the deceased has sadly passed away whilst on active service. These cases can often be complex, involve considerations of national security at times and will normally invoke Article 2, requiring an enhanced inquest. These factors only tend to extend the delay families experience.
As well as prolonging the anguish, delayed inquests are concerning in terms of the administration of justice. An inquest uses the oral evidence of witnesses, but if the inquest is taking place some time after the events, naturally the ability for witnesses to recollect events, dates and times may become more difficult. Difficulties with evidence could impact on the conclusions at the process.
What solutions are there?
In November 2023, the Justice Committee launched a review into the Coroner Service for England and Wales, in order to understand the problems with the system and for those involved.
However, due to the General Election and dissolution of Parliament, this review has been halted. A letter setting out the findings up to this stage was sent to the outgoing Chair of the Justice Committee and stated that the Coroner service is ‘chronically under-resourced and underfunded’, with increasing delays and urging a new government to enact change with urgency.
The letter made several suggestions to improve delays, including unifying coroner services into a national service for England and Wales, an extension of legal aid funding for contentious inquests and a strategy to improve coronial pathology. Following the conclusion of the General Election, it is hoped that the new government will start to enact some of these reforms.
Conclusion
In summary, addressing inquest delays is vitally important in order to supporting bereaved military families. Having lost a loved one, nothing will ever make these families whole again, but a timely inquest is an important step in assisting with their grieving process and allowing them to start a new chapter in their lives. Moreover, minimising delays is important to maintain the integrity of evidence and urgent reforms are needed.
Find out more about Irwin Mitchell's expertise in supporting families through military inquests and fatal claims at the dedicated section on our website.
