A senior coroner has been sanctioned over a delay in holding an inquest following a complaint by a family member of the deceased. At the time of the complaint, the inquest had been referred to senior coroner Caroline Sumeray more than four years earlier.
Sumeray confirmed the inquest had since been completed and did not accept there had been any unjustified delay in the investigation and inquest.
A spokesperson for the Judicial Conduct Investigations Office said the senior coroner ‘cited various factors as contributing to the delay, including severe long-term staffing issues, difficulties with responses provided by a third party, a lack of suitable court premises, the knock-on effect of the COVID-19 pandemic, and personal circumstances’.
An investigation found that ‘notwithstanding the challenges’ faced by Sumeray ‘there was no reasonable explanation’ for the extent of the delay in hearing the inquest which ‘should have been held by the end of 2022’.
The JCIO said: ‘The failure to hold the inquest, almost two years after it should have been held, amounted to misconduct.
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‘The guide to judicial conduct states that judicial office holders are expected to display diligence and care in the discharge of judicial duties. The Coroners (Inquests) Rules 2013 require coroners to “complete an inquest within six months of the date on which the coroner is made aware of the death, or as soon as is reasonably practicable after that date”.’
Issuing a formal warning for misconduct, the lady chief justice and lord chancellor acknowledged the ‘significant challenges faced by the coroners’ service following the pandemic’ and took into consideration Sumeray’s previously unblemished conduct record and mitigation.
Sanctions for misconduct by judicial office holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
In a statement following the JCIO decision, a spokesperson for Isle of Wight Council, which is legally responsible for ensuring the island’s coroner service can function effectively, said it and Sumeray ‘regret the distress caused by delays in the coronial process’.
The council added: ‘Regrettably, since the global pandemic, the council has not been able to provide a consistent level of infrastructure in the coroner’s service and therefore acknowledges its part in the service delivery shortcomings which were identified by the JCIO as a contributing factor to the delay in the matter before it.
‘The council is working collaboratively with senior coroner Sumeray to address the service delivery issues through the scoping and implementation of a recovery plan, which includes a strategy for dealing with the backlog of cases and long-term staffing issues.’
