Public Inquiries
A public inquiry is established to investigate events of major public concern, typically where institutional failings may have contributed to significant harm and where there is a need for independent scrutiny with the power to make recommendations for systemic change. Public inquiries are usually established by a Government Minister and chaired by an independent figure, often a senior judge.
Public inquiries are fact-finding exercises, not adversarial proceedings. They do not make findings of criminal liability. However, because they are conducted in public and attract significant media coverage, and because their findings can subsequently inform criminal or regulatory investigations, representation at a public inquiry is important for any individual or organisation whose conduct falls within the inquiry's terms of reference.
Core Participant Status
Individuals and organisations with a particularly close interest in the inquiry's subject matter may apply for Core Participant status. This entitles them to receive evidence in advance, make opening and closing submissions through their legal representatives, and participate more fully in the proceedings. Applying for Core Participant status at the outset, rather than being called as an ordinary witness, gives greater control over how evidence is presented and how an organisation's position is understood by the Chair.
How Inquiries Work
Inquiries typically proceed through a document-gathering phase, during which participants are required to produce relevant records and witness statements. This is followed by substantive hearing sessions at which witnesses are questioned. The Chair then prepares a report setting out findings of fact and making recommendations. Participants whose conduct or decisions are criticised in draft findings have the right to make representations before the report is finalised.
Managing what is said in witness statements and during oral evidence — and coordinating with any parallel criminal or regulatory investigation — requires careful and specialist preparation.
Inquests
An inquest is a formal fact-finding inquiry conducted by a Coroner into the circumstances of a death that was violent or unnatural, where the cause is unknown, or where the death occurred in state custody or detention. An inquest is not a criminal trial and is not a process for attributing blame. Its purpose is to establish who the deceased was and how, when, and where they came to die.
Inquests must be held in certain categories of case, including deaths in prison, police custody, and mental health detention. Where the state may have been involved in or responsible for a death, an Article 2 inquest — which applies the enhanced procedural obligations under the European Convention on Human Rights — may be required.
Interested Persons
Individuals and organisations with a sufficient interest in the inquest proceedings may apply for Interested Person status. This entitles them to disclosure of relevant documents and to have their legal representative ask questions of witnesses during the hearing. For families, representation at an inquest is often the primary opportunity to obtain a full account of the circumstances of a loved one's death. For organisations and professionals called to give evidence, the inquest process carries significant reputational risk.
The Relationship Between Inquests and Criminal Proceedings
An inquest is not a substitute for criminal proceedings, and a Coroner's conclusion does not carry the same weight as a criminal verdict. However, the findings of an inquest — including any criticism of the conduct of individuals or institutions — can and do inform subsequent criminal or regulatory investigations. Legal representation throughout both processes ensures that an individual's evidence is prepared and presented consistently and strategically.