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Advice & Assistance
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

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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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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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Home -> Advice & assistance -> Work-Related Death Advice Service
Page last updated on November 22, 2003