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Speeding up the process - but at what cost?

Recent changes to the Work-Related Deaths Protocol mean that some health and safety prosecutions will now take place before a coroner’s inquest has opened.

The primary aim of the changes is to speed up the prosecution process following the death of a worker.  It is not uncommon to see delays of several years before a prosecution is brought on a fatal case – which we agree is unacceptable.

However, we need to remember why the requirement for the inquest to take place first was originally introduced.  This way, the HSE can make an informed decision about which charges are most appropriate after hearing the evidence of all the relevant parties.  The inquest is a vital factor in this decision making process.

This change is only relevant to more modest cases and does not apply to complex cases, which is where the delays are the most significant.  So is it really the most effective way to tackle speeding up the process?

Coroners provide an excellent, essential service but have very limited personnel, administrative and legal support.  More investment into coroners’ resources would speed up inquests in more cases, benefiting a greater number of people and effectively bypassing the need for this change.

Of course funding is the key, and in the current climate it is unlikely that additional resources will be made available.  So is this measure the best option available? Only time will tell. 

According to the small print of the press release “The change is not mandatory and it is up to each signatory organisation to decide how they will implement it” so we must wait to see whether it really will make any difference in delivering justice more quickly and effectively.

What has changed
The principal change relates to the revision of paragraph 10.3 of the Work-Related Deaths Protocol which now states:
“Where the relevant enforcing authority has completed an investigation, they will consider whether it is appropriate to charge any health and safety offences at that stage, or to await the result of the coroner’s inquest before making that decision. In making the decision they will consult as appropriate with the police, CPS, coroner, deceased’s family and any other person who may have a legitimate interest.”

The new protocol came into effect on 1 October.  It will be administered by a National Liaison Committee which includes the Crown Prosecution Service, the police, the Local Government Association and the Health and Safety Executive (HSE).