Interested person (IP)

An interested person, according to Section 47(2)(f) of the Coroners and Justice Act 2009 is, in addition to family members and others with a specific relationship to the deceased, "a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so".

It is not unusual for a GP or their practice, or a hospital trust, to be awarded IP status by the coroner. Being an IP can understandably cause concern for doctors as it may suggest the coroner, or family, have concerns about their involvement in the patient's care.

However, it also has the advantage of ensuring the doctor receives a full copy of any documentation the coroner will be relying on, such as witness statements, and to have legal representation if necessary. A witness, on the other hand, does not.

It is unusual for a doctor working in an NHS trust to be made an IP in their own right, but if this was the case - as it was in 11% of the MDU cases analysed - it is likely that separate legal representation would be required. This can be very costly for those who don't have appropriate membership with a medical defence organisation.

According to our analysis, 69% of members we supported were an IP. Of those, 50% were given IP status by the coroner from the start of the process. The remainder were either made an IP later after the coroner had reviewed their witness statement, or at the request of the MDU's legal representative so they could better protect the member's position.

This may happen (for example) where the MDU's medico-legal adviser has identified potential vulnerability to criticism and has, with the member's permission, instructed a solicitor. The solicitor will only be able to represent the member at the hearing if they are an IP.

Insights into coroners' inquests

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Insights into coroners' inquests