H M CORONERS SERVICE FOR SHROPSHIRE, TELFORD, AND WREKIN

ARTICLE

H M CORONERS SERVICE FOR SHROPSHIRE, TELFORD, AND WREKIN

Many years ago I was president of the Shropshire Law Society, it was therefore a great pleasure to be invited by your President, Gemma Hughes, to join you at the President’s Dinner at the Mercure Hotel, Telford on the 6th October 2022. It was clear that the Shropshire Law Society is thriving, well organised and knows how to enjoy itself.

I was first appointed an Assistant Deputy Coroner in 1995 by my predecessor David Crawford-Clarke, coroner for Mid and North-West Shropshire. At that time there were three separate districts in Shropshire the other two being the East Shropshire (now the unitary authority of the Borough of Telford and Wrekin), whose coroner was Michael Gwynne, and South Shropshire, whose coroner was Anthony Sibcy. Over time, these three districts merged into one coronial area with the present legal entity of Shropshire, Telford and Wrekin coming into effect in 2013. This year was a Big Bang for coroners, when not only the Coroners and Justice Act 2009 was enacted, but also the Coroners (Inquests) Rules 2013 and the Coroners (Investigations) Regulations 2013 came into effect all on the same day.

The coroners service remains a local service, funded by both Shropshire Council and the Borough of Telford and Wrekin, but now with national standards and guidance led by the Chief Coroner whose position was created under the 2009 Act. The first Chief Coroner was His Honour Judge Peter Thornton KC followed by his Honour Judge Mark Lucraft KC and currently His Honour Judge Tommy Teague KC. The Chief Coroners over time have provided very helpful law sheets and guidance all of which are publicly accessible and are on the Chief Coroner’s website.

https://judiciary.uk/courts-and-tribunals/coronerscourts/coroners-legislation-guidance-and-advice/

Up until 2013 coroners could be either medical or legal but since then only lawyers can be appointed, with then medical coroners remaining but fixed in post.

A further recent development has been the introduction of the Medical Examiners scheme which has been operating primarily in hospital cases but from April this year (2023) the scheme will roll out into the community. All deaths will then be scrutinized at some level by a medical examiner and their team. It is still early days to see how the system will evolve but it is a primary layer of scrutiny which should improve registration and any subsequent reports to the coroner. The Medical Examiner has its own website. The National Medical Examiner is Dr Alan Fletcher.

NHS England » The national medical examiner system

Essentially the role of the coroner is to investigate violent, unnatural or unknown deaths. Statistics for each of the 83 coroner areas in England and Wales are also publicly available, through the HM Government website.

Coroners statistics 2021 – GOV.UK (www.gov.uk)

In our area 1971 deaths were reported last year (2022). The majority of these upon enquiry, with and without a postmortem examination, resulted in a natural cause being provided and no further action was required. The remainder proceeded to inquests and last year we held 259 Inquests. These are public hearings, and all inquests are listed on the Shropshire Council website https://www.shropshire.gov. uk/bereavement-services/inquests accessible by family, friends, public and the media. Inquests are usually listed 3 months in advance.

The inquest answers 4 questions who the deceased was, how, when and where they came by their death. Although the principles and purpose are the same, each inquest is different, turning on its own facts and circumstances. In some cases, we know at the outset all that could be known later, and we will open and close the inquest on the same day i.e. a fast-track inquest. Others will be in the 3 month target date for inquests to be concluded. Those which are more complicated, or complex will take longer with a pre-inquest review hearing, if appropriate. The majority of inquests are held by the coroner alone with perhaps 3 or 4 a year being held with a jury (death in prison or in police custody or accident at work).

All inquests, however conducted, result in a Record of Inquest (see link at bottom of page 4). It answers the 4 questions and additionally sets out the registration particulars so that upon receipt from us the registrar can then issue the full death certificate. To that point families receive from us interim death certificates to enable legal and financial arrangements to be made.

Another major development has been the provision of advance disclosure. Advance disclosure of all the relevant inquest papers is sent to the family (or their legal representatives if instructed) so they know the evidence which the coroner will rely on. This enables families to have a much better understanding of any issues or concerns they have and, more often than not, reduces the need for witnesses to give evidence in person also giving the family the option, if they wish, not to attend at all. Inquests can be short from 5 minute fast tracks to 1 to 2 hours. More involved cases can take 1 to 2 days or longer, with complex jury cases taking 2 to 3 weeks.

Our service is based at the Shirehall in Shrewsbury where we have an excellent team of 2 admin staff and 6 coroner’s officers, with 2 assistant coroners providing holiday cover. With the rapid advancement in IT the team can work both at the Shirehall and at their home. Additionally, increased use of remote attendances enables families and other court users to avoid otherwise lengthy journeys to come to court.

By profession I was a civil litigation lawyer. I was also a Deputy District Judge on the Northern Circuit primarily sitting at the Cheshire Civil Courts. The underlying principle of the overriding objective transfers well to inquests, seeking fairness to all concerned, recognizing the important distinction between the two. In civil litigation the process is contentious, with one party seeking to prove a case against another and the judge finding in favour of one or the other. In inquests it is inquisitorial, there are no parties, just persons with an interest with the coroner seeking to answer the 4 questions.

Additionally and on a lighter note, we hold treasure inquests under the Treasure Act 1996. Last year we held 10 such inquests with a variety of interesting objects, primarily of gold and silver (at least 10% content) and over 300 years old. This is just an overview. For those with an interest I have already referred the Chief Coroners Guidance and the recent legislation. Additionally, there are widely recognized texts on Coroners’ Law; Jervis on Coroners (14th Edition), Dorries Coroners’ Courts – A Guide to Law and Practice (3rd Edition) and Inquests – A Practitioner’s Guide (3rd Edition)

From time to time we have medical students from Keele University (based at SaTH) who come and observe inquests as part of their training. If any lawyer, trainee or qualified, would like to see what we do please check our website, HM Coroner's Service | Shropshire Council make yourself known to us and we will find time to meet you.

On a personal level I thoroughly enjoy the work, it is challenging and rewarding, a combination of law and facts, putting the family at the centre, whist recognizing the interest of other persons who may be affected.

Floreat Shropshire Law Society! 

John Ellery

John Ellery

H M Senior Coroner, Shropshire Telford and Wrekin and immediate past President Coroners Society of England and Wales