Does the coroner owe you money?

It is becoming less common for coroners to make a charge for the documents they provide in connection with an inquest. Some do still charge - for copy post mortem reports, for example, and witness statements - and where they do, it’s usually under regulations introduced in 2002. But those regulations don’t just help coroners.

It is usually The Coroners' Records (Fees for Copies) Rules 2002 that coroners invoke when they send out their invoices. Rule 3 says, "The fee payable to coroners or other persons for furnishing photocopies of inquisitions, depositions or other documents in their custody relating to an inquest shall be £1.10 for each page" (emphasis added). Clearly, a coroner can charge for whatever he provides that relates to an inquest, but the reference to ‘other persons’, and to documents ‘other’ than inquisitions and depositions, suggests that this cuts both ways.

It is now common for NHS trusts, social services authorities and the like to be required to provide documents to the coroner. Usually, of course, that is done without demur and, crucially, without charge. Where, however, the coroner declines to reciprocate, or where he gives far less than he receives, public bodies might have something to gain by issuing invoices of their own.

Clearly, a coroner has ways of seeking documents that have been withheld. He might, for example, issue a summons for their production. It is sometimes possible, however, to have such a summons set aside, and the more so if the reason documents haven’t yet been provided is simply because the coroner hasn’t sent his cheque.

Because of the 2002 regulations, there would appear to be nothing to prevent an invoice being issued for copy documents that have already been disclosed to a coroner. If those documents represent five years-worth of medical records, say, the financial gain could be considerable. There might also be deterioration in relationships, of course, and that too will have to be taken into account. But there might also be a change in attitude: faced with the prospect of having to pay for everything they receive, some coroners might be a little more careful about what they demand.