Documentary Inquests And Obtaining Consent From A Family

Mueller v HM Area Coroner for Manchester West [2017] EWHC 3000 (Admin)

Chief Coroners Guidance No.29 - Documentary Inquests (also known as short form or Rule 23 inquests)

This High Court decision and resulting guidance from the Chief Coroner provides new guidance in relation to documentary inquests, with an emphasis on explaining 'Rule 23' to families.

Background

Ms Putney took her life in a Novotel in Salford in May 2015. She had been battling serious mental illness since her teenage years, had recently telephoned a counsellor and mentioned suicide, and a handwritten note was found beside her body. The Coroner's office provided witness statements and a police report to her husband (Mr Mueller) and asked for consent to undertake an inquest on the documents alone (without any witnesses giving oral evidence) in accordance with Rule 23 of the Coroners (Inquests) Rules 2013. Mr Mueller agreed and the Area Coroner completed the inquest in September 2015, reaching a conclusion of suicide.

Unfortunately, the police report had summarised and interpreted part of the suicide note as being addressed to an unknown woman who was having an affair with Mr Mueller. The Coroner read out the police report at the inquest, but did not read out the suicide note itself. After the inquest there were media reports which said that Ms Putney had killed herself because her husband had been having an affair.

Challenge

In challenging the inquest, Mr Mueller said that the second part of the suicide note was in fact written by Ms Putney to herself (not another woman), and that he had not been having an affair. In addition, he was not told by the Coroner that he could object to parts of the documents being read out (i.e. the police report). Mr Mueller requested that the inquest be quashed and a new investigation ordered.

The High Court (including the Chief Coroner) concluded that the combination of not being told that he could object to parts of the documentary evidence, together with the suicide note itself not being read out (so that the error in interpretation was not identified), amounted to an irregularity. However, this did not make it necessary or desirable in the interests of justice for a new investigation to be held, as there was no real risk that justice had not been done and there was no challenge to the conclusion. The court stated that:

"Justice for Mr Mueller has, however, been achieved, by the unequivocal endorsement of his position which I hope will, in...