Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Abstract

Fatal work incidents result in an array of government responses, and in countries such as the United Kingdom and Australia, this may include the holding of coronial inquests. A common theme from the scant literature is that family members have a strong need to know how and why their loved one died. The inquisitorial nature of inquests suggests potential in uncovering this information, although little is known about families’ experiences with these proceedings. Interviews with 40 bereaved relatives explored their views and experiences of inquests. Findings suggest that families, often frustrated with other investigative processes, want inquests to provide a better understanding of how and why the death occurred, uncover any failings/responsibilities, and thereby move closer to a sense of justice being obtained for the deceased. Families identified problems perceived to impair the process and where improvements could be made to secure a more effective and meaningful institutional response to the fatality.

An Opportunity to Be Heard: Family Experiences of Coronial Investigations Into Missing People and Views on Best Practice

“…Variability was evident in the timing, public exposure, level of information about the process, family input, access to support services, and coronial outcomes. The findings of the present study are consistent with research demonstrating that poor communication about the coronial process, a lack of preparation as to what to expect, preclusion of family voice, poor access to legal or counselling support, and insensitive treatment, are key contributors to family distress (Davis et al, 2002; Biddle, 2003; Victorian Parliament Law Reform Committee, 2006; Law Reform Commission of Western Australia, 2011; Ngo et al, 2018). However, this research further suggested that unnecessary distress can be reduced and in some cases meaningful, cathartic outcomes may be achieved if the following are offered to families: opportunities to be heard; treating them with compassion; and educating families about their rights, the coronial process and support services.…”

“…However, this research further suggested that unnecessary distress can be reduced and in some cases meaningful, cathartic outcomes may be achieved if the following are offered to families: opportunities to be heard; treating them with compassion; and educating families about their rights, the coronial process and support services. While a number of studies drew overwhelmingly negative conclusions about poorly run inquests that amplified grief (Biddle, 2003), more recent studies described benefits to families who were included in inquests and provided access to vital information (Ngo et al, 2018; Spillane et al, 2019). This study revealed examples of participants who labelled aspects of their experience as “therapeutic” or “best practice” and others who perceived the process to compound their trauma.…”

“…Families valued inquests, and perceived a sense of justice or enhanced trust in the outcomes, when: (a) provided direct access to previously inaccessible evidence, (b) treated with greater respect than in other investigations, (c) permitted to raise opinions or questions in the inquest directly or through legal representation, or (d) the inquest revealed previously unidentified systemic failings that contributed to the death. Families were disappointed, did not value, or felt a sense of injustice, in relation to inquests in cases in which nothing further was revealed, where key witnesses were not called or questioned thoroughly, or where families felt unable to challenge issues, including cases in which families were legally unrepresented (Matthews et al, 2012, 2017; Ngo, 2016; Ngo et al, 2018). Researchers suggested that a key pathway to enhance therapeutic outcomes for families was to provide opportunities during inquests for families to question witnesses and to voice their views on the circumstances of the death (Ngo et al, 2018).…”

“…Families were disappointed, did not value, or felt a sense of injustice, in relation to inquests in cases in which nothing further was revealed, where key witnesses were not called or questioned thoroughly, or where families felt unable to challenge issues, including cases in which families were legally unrepresented (Matthews et al, 2012, 2017; Ngo, 2016; Ngo et al, 2018). Researchers suggested that a key pathway to enhance therapeutic outcomes for families was to provide opportunities during inquests for families to question witnesses and to voice their views on the circumstances of the death (Ngo et al, 2018).…”

Posttraumatic Stress Disorder, Depression, and Prolonged Grief Disorder in Families Bereaved by a Traumatic Workplace Death: The Need for Satisfactory Information and Support

“…Dissatisfaction with information about how the death occurred was associated with all MHCs, confirming the importance of providing accurate, timely information following the death (74). Supporting this finding, recent qualitative research has identified the value of timely and thorough coronial hearings for uncovering information about the death, underlying causal factors, the degree of pain and suffering experienced, and who or what should be held accountable for the death (75, 76). Families frequently complained about the challenges of obtaining information, reflecting similar concerns among other families dealing with sudden and violent deaths that necessitate legal involvement (74, 77–79).…”