Inquest and post mortem report

[colourfulduvet]

Do I, as a close family member, but not NOK, have a right to view the post mortem report before inquest?
My sister has recently died suddenly, my DM is in a care home, my DF is dead.
There has been an autopsy and my late sister's husband is being very cagey about the cause of death except to inform me that it appears as if the death is drug related ( I honestly had no idea as neither did the husband apparently) There is to be an inquest in December which her husband is instructing that he wants no one to attend. He also has refuse to send me a copy of the autopsy report.
Googling does not make it clear if I have a right to view the autopsy report, I can see that I can register as an interested person and, of course, have a right to attend the inquest.
Please can anyone help from a legal perspective?

@NonShallot

OP I am sorry for the loss of your sister in such circumstances, it must be extremely upsetting.

Definitely ring your local coroners department, they will be able to answer all of your questions as above.

In respect of the PM report, I have dealt with many deaths/inquests in my line of work and I have never heard of a PM report being given to a family member. Usually they just go straight to the coroners officer.

I appreciate that you feel you are entitled to see the PM report as her living relative but as she is married, her husband is legally her direct NOK so legally I don't know where you would stand in having access to it.

In respect of the inquest, as PP have said, they are open to the public and your brother-in-law cannot prevent you from attending. Usually attending members of the public are not allowed to speak or ask questions. Inquests are usually very formal and they have a set list of 'witnesses' who will read out statements or reports, the coroner will ask them questions to clarify any points, but inquests are not 'open' for anyone to just ask questions, if that makes sense?

As I had earlier, its best if you contact your local coroners officer, they are usually extremely helpful and they should be able to answer all your questions.

The inquest, whilst formal was very family friendly. I was asked if I had any questions and the police spent a lot of time talking to me about their findings outside of the inquest. I found the toxicology results easy to understand as it said the level of the toxin and the potentially fatal amount found. It was very detailed. I'll see if I can dig it out as an example. This was in England so I'm not sure of the process elsewhere

Has it said what kind of drugs?
Yes, illegal and opiates. She had no health concerns and had never been prescribed any painkillers according to BIL who said the GP report states this. This is what I always thought too
To say I am shocked to my core is an understatement
It just goes to show that we never really know anyone properly

I go to inquests sometimes in a professional capacity

Usually at least one family member attends and sometimes they even have a legal representative. At inquests I have been to the family members have had a copy of the hearing 'bundle' with witness statements eg from police and reports. Depending on the cause of death those can be pretty upsetting even without pictures.

Anyone has the right to attend but you cannot just ask questions from the floor. You can only put questions if the coroner allows it and this would be agreed in advance. It is a very formal respectful atmosphere. Witnesses are sworn in etc.

I would say you need to talk to the coroners officer and they will support you with the process. They are very good and used to dealing with bereaved families. You would not be the first family to have some disagreements about how to handle things.

My suggestion would be that you speak to the coroner's officer and say that you would like to attend and have the hearing bundle and you may have questions. Let them know that your BIL is against you coming. They may explain to him that you have a right to attend.

The inquest, whilst formal was very family friendly. I was asked if I had any questions and the police spent a lot of time talking to me about their findings outside of the inquest. I found the toxicology results easy to understand as it said the level of the toxin and the potentially fatal amount found. It was very detailed. I'll see if I can dig it out as an example. This was in England so I'm not sure of the process elsewhere
Thank you for this. I am pretty sure I could work out what the results meant too ( with google help and my best friend is a nurse so could ask her to help too)

You have all been so very kind. I'll try to contact the coroners officer today

Here you go. Easy to read! There was a list of all tests too.

@colourfulduvet

Are you sure hes even got a copy of the autopsy This is what he has said, he has said the toxicology results show drugs as the cause of death. When I asked him if he would share this with me he has declined.

His statement is somewhat inaccurate, the toxicology report would not show drugs as the cause of death, it would show what drugs were in her system, percentages of lethal dose, measured against prescription dose if they were legal drugs, etc.

The cause of death, as this has gone to a coroners inquest is for the coroner to determine.

It does seem odd that he is being so cagey, especially as the inquest and the death certificate will both be public domain.

I used to work in a job where we would routinely obtain the PM report for people. It was always text, never graphic.

I do think you may be searching for answers you won't get though. The toxicology report will tell you some information about what was present in the blood at the time of death, and potentially indications of long term use vs. acute overdose, but it isn't going to tell you anything that gives closure. You still won't know the 'why'.

The inquest should hopefully tell you a bit more.

I'm so sorry you've had such a shock. The circumstances of her death don't define her. She was still the person you thought you knew, she just had things going on that you didn't know.

Im sorry for your loss.

Do you think it would help if you spoke to your BIL and reassured him that, no matter what the outcome of the inquest, your feelings for your sister (and BIL?) won't change.

She was your sister and you'll always love her as that.

It may be that there's something he's concerned about that might change your view of them both, like recreational drug use? Also something that might be an issue in their places of work if it comes out in the inquest.

The circumstances of her death don't define her. She was still the person you thought you knew, she just had things going on that you didn't know.
Absolutely this
However just right now it's hard to put into words just how shocked I am. Not one thing in my world feels like it makes sense anymore.
You know there are some people who you would almost 100% say would never be heroin users? Like Kate Middleton or the Queen? That's how it feels

CrimeJunkie01
Thank you so much

Op

Go to the inquest

Although I suspect your BIL doesn’t want you to know the detail because he know that your sister wouldn’t want you to know ie the drugs

@colourfulduvet

Do you have an otherwise ok relationship with your brother in law We have a civil and polite relationship although have had very little contact in the recent years. I like him very much but their lives were very busy that it was my sister I saw more of. They have ( sorry had) senior professional positions within education / police and did not have children. I have no doubt my BIL is feeling extreme grief and possibly shame. Whether he is attempting to protect himself or me I have no idea

I would put money on it that out of respect for your sister he’s trying to keep the detail very guarded

We did the same with my mother. An alcoholic and also an inquest. Out of respect for her, we kept all detail very private

@CrimeJunkie01 That's good that the inquest you went to was so positive. I suspect it probably depends on the circumstances of the death, and the coroner running the inquest and how they like to do things. Most of the ones I've been to have been formal with little opportunity to ask questions from family/friends. But I guess not all will be like that, everyone's experiences will be different.

The OP won't know until she speaks to her local coroners officer and finds out their processes

@colourfulduvet

The circumstances of her death don't define her. She was still the person you thought you knew, she just had things going on that you didn't know. Absolutely this However just right now it's hard to put into words just how shocked I am. Not one thing in my world feels like it makes sense anymore. You know there are some people who you would almost 100% say would never be heroin users? Like Kate Middleton or the Queen? That's how it feels

@colourfulduvet I'm an ex heroin addict, I knew a lot of heroin addicts that no one would ever guess were addicts. But you may be jumping the gun, lots of people die from accidental overdoses of over the counter or borrowed/their own prescription medicine.

Definitely ring the coroners office, i am sure you will get answers in time. Big hugs. If you need to talk anything through PM me

You can ask the coroner to add you as a person of interest ie sibling and you will get a copy of all correspondence.
As a sibling, I myself applied to the coroner and arranged to receive copies of everything the spouse received .

Perhaps the medication was his

Sorry its interested person not person of interest.

Ring and ask to speak to the coroner. I've done this and he was kind and humane, it felt informal and kind.

I'm so sorry for your awful loss.