Mark Lucraft QC, chief coroner since October 2016 (and recorder of London - top judge at the Old Bailey - since April 2020), is giving evidence to @CommonsJustice now: https://parliamentlive.tv/Event/Index/fbba66dd-f852-4b2f-9fba-01799f25c98f
Lucraft says its been a busy 4 years with the Westminster Bridge, Borough Market, and Manchester Arena attacks and Grenfell Tower fire. But says most of coroners' work, where deaths do not lead to inquests, is not seen by the public.
Lucraft says there is "some strength" in the local coroner system, as senior coroners know their local area well. But says:"I am personally in favour of us moving towards a national system".
Lucraft says he is not in favour of allowing appeals from every decision of the coroner – better route is an application for a judicial review considered by the High Court.
MP @hammersmithandy tells chief coroner that he gets more complaints about coroners than any other part of judiciary. Lucraft apologises and says he is the "first to accept we don't get everything right".
Lucraft: Best practice is reasons for decisions are set out. Says, as Bailey judge he’s required to give reasoned decisions & any judge facing challenge should give reasoned decision – may not be in court but could be letter to family setting out gist of decision & reasons for it
“Compelling argument” to amend Coroners Act 1988 s13, to streamline appeals process allowing High Court to quash an inquest & order a fresh one, says Lucraft. Currently needs permission of attorney general.
In April 2019 Lucraft introduced pilot annual appraisal for assistant coroners, to identify training needs. Lucraft says it's largely borrowed from appraisals for district judges. Expansion lightly delayed by covid, but says, coroners have so far found it useful.
"Vitally important" that coroners listen to people who are critical of the way in which an inquest has happened, says Lucraft, referring to report by Rev James Jones, former Bishop of Liverpool, on the Hillsborough inquest.
Coroner’s proceedings & what’s come out of inquests has been a "major cause of severe trauma" for many of those affected by the Hillsborough football stadium disaster, says Liverpool MP @mariaeaglemp. She asks what steps Lucraft has taken to improve things.
Lucraft says he's keen to learn from reports & apply them, addressing failings through training. When we say we are putting the bereaved at the heart of process, he says, we have to follow it through with actions as well as words.
MP @mariaeaglemp raises issue of "adversarialism" in public disasters where bereaved families who aren't represented are at disadvantage when lawyers for public authorities try to spread blame and adopt an adversarial approach. She asks what is being done to remedy this.
It's important we "recalibrate the tone of inquests" says deputy chief coroner Derek Winter, pointing to Lady Arden's comment in recent landmark @UKSupremeCourt ruling (Maughan) on standard of proof in inquests (balance of probabilities)that inquests are not criminal trials.
Winter says inquests involve specialist advocacy -- says he's been working with legal regulators, SRA & BSB to develop tool kit, competencies & standards, similar to that for youth court, which should be rolled out soon.
Effective participation is hampered due to lack of legal representation for bereaved parties in some inquests, due to lack of legal aid, says @RichardBurgon -- and asks about the impact it has.
Lucraft: Although I have a huge degree of sympathy & support for family in those situation, the question of whether legal aid should be provided is for the lord chancellor. (His predecessor, Peter Thornton QC said in his final report legal aid should be available.)
Lucraft says coroners can ask questions themselves and need to understand their own role, esp where there are family members who are not represented.
Winter says there are occasions where coroners write letters in support for applications for pubic funding , in order to "level up", but says beyond that there is not much more they can do.
Prevention of future death reports, are "vital part" of coronial process, says Lucradft, who reissued guidance this month to ensure more consistent approach. Says reports are on judiciary website & job for his successor is to recruit person to post them faster & better platform.
Shortage of pathologists has been key feature of each of his reports - puts in down partly to low fees & lack of people interested in doing routine work. Part of solution is regional centre of excellence for pathology skills - also put forward by predecessor.
Lucraft says covid has created stresses & strains for coroners – no official stats, but says death referrals since March have gone up, some have needed to shield or work away from office. Adds there will be a backlog of jury inquests because of finding space to hold them.
Justice minister Alex Chalk is up next. I have to do other things for a bit, but will come back it, if it would be of interest to anyone?
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