Work-Related
Death Advice Service
A free and independent advice service to families and
friends bereaved as a result of a work-related
death.
We will assist you (and, where required, your personal
injury lawyer) in ensuring that the death is properly
investigated and subject to proper scrutiny by the prosecuting
bodies
We provide advice in relation to deaths resulting from
the activities of both private companies, or public
bodies, such as local authorities and hospitals.
Click here to download a pdf version of our advice leaflet
The systems of investigation and prosecution are different
depending on whether the death took place in England/Wales
or in Scotland. Click on Scotland
if you want information about the system in Scotland
Our advice ranges from oral and written advice to assistance
in the drafting of letters and to accompanying you to
meetings with officials. We do not however provide you
with advice in relation to any claims you may have for
compensation
Contact Us
Deaths in (or in sea waters around) England and Wales
If the death has taken place in England or Wales, we
provide information and guidance on the role of the
following bodies :
- coroners
who are responsible for carrying out a public inquest
into the death, which will consider how it happened;
- the Health
and Safety Executive and Local
Authorities which are responsible for the investigation
and prosecution of health and safety offences;
- the Maritime
and Coastguard Agency (when the death took place
in British waters) which is responsible for the
investigation and prosecution of Merchant Shipping
Act offences;
- Fire Authorities
which are responsible for the investigation and
prosecution of fire safety offences when the death
is the result of a fire;
- the police
who are responsible for the investigation of whether
the death was the result of the offence of manslaughter
on the part of a company or individual;
- the Crown
Prosecution Service which is responsible for
deciding whether any company or individual should
be prosecuted for the offence of manslaughter;
- the magistrates
and crown courts which are responsible for determining
in which court a case is heard and what sentences
should be imposed upon those who are convicted.
We also provide you guidance
on the applicable criminal law
Coroners Courts and Inquests
A Coroner holds an inquest into most work-related deaths
that take place in England or Wales. The coroner opens
the inquest a few days after the death, but the full
inquest - at which witnesses will be called to give
evidence in public - may be many months after the death,
usually when all criminal investigations have been completed.
This full inquest is usually heard in front of a jury,
which, after hearing all the evidence will return one
of a number of verdicts, which include "accidental
death" or "unlawful killing". The inquest
is not supposed to apportion blame but to determine
"how" the death took place.
We will give you advice on:
- the purpose of
the inquest, how it will be conducted and the procedures
involved;
- how the inquest
is linked to the police and HSE investigation;
- why it is important
that you have legal representation at the inquest,
and what role your lawyer should play;
- whether the inquest
should be heard in front of a jury;
- how you can ensure
that the inquest is an adequate inquiry into the
death;
- the meaning of
the different verdicts that a coroner or jury can
return.
- the particular
significance of an "unlawful killing"
verdict;
o whether the inquest into your relatives or friend's
death has been adequate and what further action,
if any, you can take.
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The Criminal Offences
A work-related death can result in a director, manager,
or company being prosecuted for either (or both) the
offence of manslaughter or a 'safety' offence contained
in a 'regulatory' statute like the Health and Safety
at Work Act 1974 or one of the Merchant Shipping Acts.
Of these two sorts of offences, the crime of manslaughter
is far more serious requiring evidence that the death
was caused by a person's 'gross negligence'. A company,
rather than an individual, can however only be prosecuted
for manslaughter if there is evidence to prosecute one
of its directors or senior managers; for manslaughter,
therefore, corporate guilt is entirely dependent on
individual guilt. In contrast, regulatory offences are
primarily prosecuted against companies (or other organisations)
rather than individuals. These offences are less serious
than manslaughter as it is neither necessary to show
that the breach of safety law was a cause of the death,
nor that the death was the result of a high level of
negligence.
We will help you understand:
- the offences and
how they apply to both individuals and companies
in relation to work-related deaths;
- whether there might
be any evidence that either of these offences apply
in relation to your relative's or friend's death.
If
you want to read more about the Criminal Offences,
click here
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The Police
Every work-related death should be subject to initial
scrutiny by the police who must decide whether or
not they should commence a full manslaughter investigation.
A "Protocol", published in April 1998, requires
that "a police detective of supervisory rank
should attend the scene of a work-related death …
and should make an initial assessment about whether
the circumstances might justify a charge of manslaughter"
in which case they should launch a manslaughter inquiry.
We will give you advice on:
- what is required
of the police in relation to the protocol;
- the relationship
between the police and the Health and Safety Executive/Local
Authority (see below);
- what action you
can take to ensure that the police undertake adequate
inquiries.
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The Health and
Safety Executive and Local Authorities
Parallel to any police inquiries, every work-related
death is also investigated by either an inspector from
the Health and Safety Executive or one from the Local
Authority. As a rule of thumb all "industrial"
deaths are investigated by the Health and Safety Executive,
whilst all deaths in the "service" sector
are investigated by the Local Authority. The first job
of the inspector is to take whatever action is necessary
to prevent a recurrence of the incident that resulted
in the death. The inspector will then undertake an investigation
to determine whether any health and safety offences
have been committed, and if so to decide whether or
not to prosecute. The inspectors will also assist the
police in any manslaughter inquiries that they are undertaking.
We will give you advice on:
- whether a death
should be investigated by the Health and Safety
Executive or by the Local Authority and what you
should expect from the inspectors;
- what action you
can take to ensure that the Health and Safety Executive
and the Local Authorities undertake their responsibilities
adequately and make reasonable decisions especially
with regard to possible prosecutions.
If
you want to read more about the HSE and Local Authorities,
click here
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Deaths at Sea - the Maritime and
Coastguard Agency
If the death is not on land but at sea in British waters,
instead of the Health and Safety Executive of Local
Authority undertaking an investigation, it is the responsibility
of the Maritime and Coastguard Agency. The MCA's investigation
is centred on determining whether an offence contained
in one of the Merchant Shipping Acts has been committed
and whether or not to prosecute a company or individual.
The Marine and Accident Investigation Branch (MAIB)will
also be undertaking an investigation into the death.
The MAIB investigation is however not concerned with
apportioning blame but has the aim of finding out about
the circumstances of the death and how similar incidents
can be avoided in the future.
In relation to the Maritime and Coastguard Agency, we
would give you the same sort of advice and assistance
as if the Health and Safety Executive were involved.
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The Crown Prosecution Service
The Crown Prosecution Service is responsible for evaluating
the evidence obtained by the police in its investigation
and deciding whether or not a manslaughter prosecution
is appropriate.
We can advise you on:
- how to ensure that
you are fully informed of the reasons for any CPS
decision and, if there is a decision not to prosecute,
whether or not it is soundly based.
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Contact Us
Deaths in Scotland or in Scottish
Waters
If the Death took place in Scotland, we provide advice
on the role of:
- the Sheriff
who is responsible for undertaking a Fatal Accident
Inquiry into the cause of the death and whether
any precautions should have been taken;
- the Health and
Safety Executive and the Local Authorities
who are responsible for the investigation of health
and safety offences;
- the Coastguard
and Marine Agency (when the death took place
in British waters) who are responsible for the investigation
of Merchant Shipping Act offences;
- the police
who are responsible for the investigation of whether
the death was the result of the offence of culpable
homicide on the part of a company or individual;
- the Procurator
Fiscal who is responsible for deciding whether
to prosecute any individuals or companies for health
and safety offences or for culpable homicide.
Fatal
Accident Inquiries
In Scotland, instead of Coroner's inquests there are
Fatal Accident Inquiries, which are conducted by Sheriffs
but at which the procurator fiscal has a key role. Scottish
law gives the Lord Advocate - who is in charge of the
Procurator Fiscal Service (roughly equivalent to the
Crown Prosecution Service, in England and Wales) discretion
as to whether an Inquiry should or should not take place
into a work-related death, particularly when the person
who has died was not at work but was a member of the
public. If the death (whether it be of an employee or
a member of the public) has resulted in a prosecution,
it is unlikely that there will be any Fatal Accident
Inquiry. However, when Inquiries do take place, they
tend to be more wide ranging than inquests. This is
because Scottish law requires the Sheriff to hear sufficient
evidence to allow him to make a "determination"
on the "cause or causes" of the death, whether
there were any "reasonable precautions" that
could have been taken would have avoided that death,
and whether there were any "defects" in the
system of work operating at the time. There is no jury
and no verdict at Fatal Accident Inquiries.
We will give you advice on:
- whether there should
be an Inquiry into your relative or friend's death;
- the role of the
procurator fiscal at the inquiry;
- the conduct of
a Fatal Accident Inquiry and the procedures involved;
- how you can ensure
that all the appropriate evidence is heard at the
Inquiry;
- how you can ensure
that the Inquiry is full and thorough.
The Law, the Health and Safety Executive and the
Procurator Fiscal
The Health and Safety at Work Act 1974, Merchant Shipping
legislation and the offences contained within them,
apply equally to Scotland as they do to England and
Wales. Both companies and individuals can be prosecuted
for these offences. However, although the Health and
Safety Executive and the Coast Guard and Marine Agency
(see above) are, as in England and Wales, responsible
for investigating these offences, in Scotland the Procurator
Fiscal Service is responsible for their prosecution.
In addition to these offences, there is also the offence
of 'Culpable Homicide', which requires evidence that
the death was the result of "gross or wicked or
criminal negligence something amounting, or at any rate
analogous to criminal indifference to consequences"
on the part of individuals. Scottish law is unclear
on how companies can be prosecuted for this offence.
The offence of culpable homicide should be investigated
by the police, though, unlike in England and Wales,
there is no special protocol setting out how this investigation
should take place.
We will give you advice on:
- how to ensure that
the police and the Health and Safety Executive conduct
a proper investigation into the circumstances of
the death in order to determine whether culpable
homicide or health and safety offences have been
committed;
- the law and criminal
offences involved and whether there might be any
evidence that offences apply in relation to your
relative's or friend's death;
- whether or not
prosecution decisions made by the procurator fiscal
are soundly based.
What is a work-related Death?
We provide advice and assistance to families and friends
bereaved as a result of a work-related death. But what
exactly is a work-related death? This is a death that
takes place as a result of some form of work activity.
The person who dies may be a worker killed on a construction
site, in a factory or on a farm, or in other workplaces;
or the person may be a member of the public who is killed
in a train crash, in a hospital, or whilst involved
in recreational activities. Such deaths will often raise
questions about the adequacy or otherwise of the working
practices of a company or other sort of organisation.
If you are unsure whether a death is work-related, contact
us and we will advise you.
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Claims for Compensation
As a result of the death of your relative or partner,
you may well have a civil law claim for compensation.
Since the Centre itself only provides advice and guidance
on the inquest and the criminal justice process, we
can not assist you in any compensation claim. However,
if you do not have a lawyer and wish to make a claim,
we can put you in contact with a specialist personal
injury solicitor. Any advice and guidance that we provide
will not conflict with your compensation claim and we
are happy to work with or alongside any solicitor that
you may have.
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