Inquests Coroners’ Decisions
2020-07-14
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Questions & Answers
Q1
Direct Answer
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Context
Derek Twigg asks about the possibility of a review of the process for appealing a coroner's decision not to hold an inquest, mentioning a specific case involving Laura Higginson.
He notes that under the previous coroner, the family's request for an inquest was denied despite new evidence. The current senior coroner has agreed to conduct an inquest based on recent evidence. Twigg questions whether section 40 of the Coroners and Justice Act 2009 should be repealed to provide a simpler and less costly means for families to challenge coroners' decisions.
Alex Chalk thanks Derek Twigg for his work on this issue. He acknowledges that Mrs Higginson's death in 2017 is now subject to an inquest due to new evidence. Chalk mentions that people can petition the Attorney General or Solicitor General for independent review but notes that a judicial review is not the only option available. He states that while there are no immediate plans to repeal section 40, the government will consider the issue.
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