If someone dies whilst they are detained under the Mental Health Act 1983 then there will usually be an inquest, although this is not always the case, and, if there is an inquest, it is usually for the Coroner to decide whether it will be held in front of a jury or not.
It is important to remember that whether or not clinical negligence was a factor in your relative’s death will not be determined at the inquest. The inquest does not decide on any liability for the death. However, if a Coroner gives a narrative verdict at inquest then this can be very helpful in pursuing a claim for medical negligence following the inquest.
The TSP clinical negligence team have considerable experience representing families at inquests. If you find yourself in this type of situation and need help then please do contact us.