Specialist Legal Support for Bereaved Families

We have a long history of helping families to secure justice and accountability for the death of a loved one in detention. We understand that the death of a loved one in a secure mental health setting, whether they are sectioned or not, is particularly traumatic and often raises serious questions about the care - or lack of care - provided by the state.

It is important to us that you remain at the heart of the process and are in as much control as you can be at this exceptionally difficult time.

How We Can Help

The families we have represented have lost a parent, sibling or child while they were receiving treatment in a secure mental health ward, sometimes during a period of authorised or non-authorised leave. Often their death is thought to be self-inflicted but that does not necessarily mean they intended to die.

Most deaths of detained patients are likely to engage Article 2 of European Convention on Human Rights (which protects the fundamental right to life) meaning the inquest must consider the wider circumstances of the death including systemic issues and whether the state failed in its duty to protect your loved one.

We work closely with organisations like INQUEST, and all our lawyers are members of the INQUEST Lawyers Group (ILG).

What to Expect

The legal process typically begins with the coroner opening and adjourning the inquest while investigations are carried out by the police and/or the NHS Trust. Sometimes the Trust will commission an independent report.

The investigation will look at documents and talk to staff who had dealings with your loved one. They will present their findings in a report and may make recommendations to make improvements.

The coroner will usually use the report to help them identify the issues that the inquest will need to address. We will make representations on your behalf to ensure that the issues that concern you are at the forefront of the coroner’s mind.

The inquest will often be before a jury who will hear evidence, including from witnesses, and determine how your loved one died, including whether any failings contributed to their death.

If the coroner thinks there is a risk of further deaths, they are required to make a report to those with the power to make changes to prevent such deaths. This is called a Regulation 28 or Report To Prevent Future Deaths. All those who receive such a report must respond to it either stating what changes they will make or explaining why no changes are necessary.

Beyond the Inquest: Securing Accountability

We can also help you in the other processes that arise after a death including securing accountability of those responsible for the death through criminal and/or disciplinary proceedings, bringing compensation claims and securing policy changes.

Legal Aid and Funding

If you are on a low income or receive means-tested benefits, you may qualify for legal aid to cover inquest-related legal advice. Where Article 2 may be engaged, legal aid is available regardless of financial means.

Get expert advice

Please complete our new enquiries form and a specialist solicitor will review your enquiry. We aim to respond within two working days.

If you’d prefer to speak with someone, please call us on 020 7407 0007 and mention that your enquiry relates to a death or inquest.