Investigations into work-related deaths increasingly involve the police (to read about this, click here).

It is our understanding and experience that in relation to statements and reports that the police have taken or obtained and passed to the coroner, the police are content for the coroner to disclose them to the bereaved family.

Moreover, when the death is the result of police activities, and another force is undertaking an investigation, the Home office has issued guidance to police forces that "All the material which is supplied to the Coroner should normally be made available to all those whom the Coroner considers to be interested persons".

However, in relation to most work-related deaths the police will not be the body that will hand over its investigation papes to the police. When the police have finished the investigation that it has carried out, it will generally pass its papers to the Health and Safety Executive, Local Authority or other regualtory body involved in the investigation of health and safety or other regulatory offences.

The police papers will therefore only be sent to the coroner as part of the package of materials that the HSE sends.

Although in principle, the police will continue to own any statements they have taken or reports they have made, and so it should be they who decide whether or not to consent to their disclosure if the coroner makes the request, the practice appears to be that it is HSE's policy that decides whether or not disclosure takes place.

This practice of HSE's policy on disclsoure to determine whether or not police statements should be given to the bereaved family appears to be highly inappropriate.