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Posted By Zoe Barnett
Just out of interest...can anyone tell me what H&S qualifications and/or experience a coroner has to have? We have just received a Coroner's report (following an inquest) making various H&S recommendations. These are perfectly valid on this occasion, but I wondered if the Coroner has to have special training to sit on H&S related cases?
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Posted By Charles Robinson Tech SP
As I understand the coroners court only establishes the cause of death, while they can make recomendations, It is up to the courts to to apportion blame etc.
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Posted By Gilly Margrave
This from the Home Office.
The coroner is an independent judicial officer presiding over a Court of Record within the English Judicial system and discharges his duties in accordance with the Coroners Act 1988, the Coroners Rules 1984, and other relevant legislation. Although appointed and paid by local councils, he is not a local government officer but holds office under the Crown. Coroners are required under section 2 of the 1988 Act to have a general qualification within the meaning of Section 71 of the Courts and Legal Services Act 1990, or be a legally qualified medical practitioner - in either case of not less than 5 years standing.
Requirement is for legal rather than H&S background.
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Posted By Martin Gray
Zoe
You need to bear in mind that the final coroners court does not sit until any likely criminal court case has been dealt with, as a decision by the coroner might effect the criminal case.
The coroner has a very full file presented to him before the case is heard this will contain the information from the attending police officers, witnesses, HSE or LA inspector and the autopsy report.
His ruling is made from all the facts presented to him, he can also make recommendations to relevant parties from the evidence presented.
He might not be H&S qualified but the expert witness statements provide him with all the relevant information.
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Posted By Merv Newman
Zoe,
Agree with the above, but the coroner has not necesarilly any HSE knowledge and is recommendations are not, to my knowledge, binding.
Merv Newman
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Posted By Ken Taylor
I remember a certain coroner criticising a life-guard and her local authority employer for not acting correctly in giving resuscitation to a person pulled from a pool. In this case the coroner was quite wrong but it took the RLSS to prove this to the HSE before they were prepared to believe the local authority.
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