Supporting families with inquests following domestic abuse

This blog post contains sensitive content relating to domestic abuse.

My team and I represent bereaved families with the inquest and related investigations concerning their loved one’s death.

In particular, this involves inquests where the state or public authorities have had involvement before the death.  We are increasingly representing families whose loved one has suffered domestic abuse before their death and the family have unanswered questions and concerns about the death.

Most of the cases my team are involved with concentrate on the failures of public authorities to take action to protect the person experiencing domestic abuse, prevent future harm and protect their life.  Tragically that does not always happen and inquests following domestic abuse will often explore the failures by various authorities.

The circumstances will vary from case to case. However, often the authorities involved will include the police, mental health services, probation services and social services.  There are occasions where the domestic abuse has resulted in children being removed from the home who are often the protective factor in the victim’s life.

The police must consider potential criminal actions surrounding the death and they should also consider offences concerning the wider abuse including controlling and coercive behaviour. Sadly, it is the experience of the families that we work with that these investigations are not carried out adequately or at all and the first step that families find they must take is challenging the police decisions concerning those investigation.

Investigating Criminal Offences

The families are often highlighting allegations of controlling and coercive behaviour throughout the period of the abusive relationship.  In addition, there are often offences of assault, GBH and rape amongst others. The family often discover that reports had been raised with the police prior to the death but either no or inadequate investigations were carried out. One of the first steps we are often assisting families with is a Victim’s Right to Review of police decision to take ‘no further action’ or the CPS in deciding not to prosecute.  There are short timeframes for raising these challenges and the family will find themselves having to act quickly during a highly distressing and emotional period.

The challenges may be based upon police decisions that there is insufficient evidence due to the victim having died. However, it is often the family who find themselves having to investigate, collating communications with loved ones and review of mobile phone data to gather sufficient evidence to support criminal investigations.

Domestic Abuse Related Death Review

Previously known as Domestic Homicide Reviews, the new name for these reviews is intended to tackle hidden deaths resulting from domestic abuse to include self-inflicted deaths.  This includes physical abuse, controlling and coercive behaviour as well as other forms of abuse.

The review is commissioned by the local Community Safety Partnership and conducted by an independent Chair and panel.  It is a requirement that the families are appointed an advocate to assist them during the review. However, that service is provided by charities who are often stretched with funding and resources.

The review may highlight areas of concern and make recommendations for learning or change.  However, it does not provide the family with sight of any of the materials or evidence considered by the panel.  It is the experience of families that we work with that they often remain dissatisfied following the review and have many unanswered questions.

The inquest may provide the family with further opportunity to explore their issues and concerns, particularly with regard to the role of authorities in the death.  Families will be invited to the inquest as Interested Persons and they should be centre of the inquest and able to participate. This includes the family’s right to make submissions to the Coroner about the scope of the inquest, to see disclosures and to raise their own questions to witnesses. Families have described the inquest process as an opportunity to shine the light in dark corners where previous investigations have not looked.

Whilst it is not ideal, it is still possible for the families to push for criminal prosecution of the perpetrator at a later stage following the inquest.  This is often due to the inquest exploring evidence that would provide sufficient grounds for a prosecution.  However, this can be many years after the death and the delay can cause further challenges in addition to ongoing grief and trauma for the family.

Candour, Transparency and Funding

Where the victim of domestic abuse loses their life, it is the worst possible outcome. The perpetrators of the abuse must be held accountable.  There must also be accountability from the state which has an obligation to keep people safe and protect the lives of vulnerable victims.

Families may be able to secure legal aid funding for their legal representation leading up to and including the inquest. However, it is not a mandatory requirement. The implementation of Hillsborough Law will ensure families are able to access legal aid funding to ensure equal funding to what is provided to public authorities in these cases. This will ensure an equality of arms and provide the family with the support to push for change in the legacy of their loved one. In addition, the requirements of Hillsborough Law will place a duty of candour on public authorities who have a responsibility for public safety, ensuring they proactively assist with investigations and inquests.  Further, the campaign for a National Oversight Mechanism seeks to monitor learnings from inquests and ensure they are actioned to prevent future deaths occurring.

The reality is that families must continue to put pressure on authorities to be candid and transparent about their role in the circumstances of their loved one’s death.  It is only through holding authorities to account that families and the charities that support them be able to drive forward change.