Key takeaways
Inappropriate conduct can undermine fair inquests
Offensive language, aggression or unfair interruptions breach the expected standards of court.
Calm, practical steps help defuse tense hearings
Slowing pace, seeking breaks and private discussions can help to deescalate the situation.
Multiple routes exist to raise concerns safely
JCIO complaints, private letters, or the Talk to Spot chatbot can all help provide support.
Coroners play a vital role, and the work that they carry out is often complex, sensitive and conducted in challenging circumstances. While coroners are entitled to ask robust questions and exercise control over proceedings there are very rare occasions where the line may be crossed. An approach intended to manage proceedings may move beyond what is appropriate and leave legal representatives feeling intimidated, undermined or unfairly treated.
Experiencing this kind of conduct can be deeply distressing however it is important to remember you are not without options. This article explains what may amount to bullying or inappropriate conduct by a coroner, the practical steps that can be taken during proceedings, and how concerns can be raised once the inquest has concluded.
What may amount to inappropriate conduct?
Coroners are expected to ensure a thorough investigation and firm case management and challenging questions do not, in themselves, amount to maltreatment however behaviour may cross the line where it includes:
Racist, sexist or otherwise offensive language
Loss of temper, rudeness and aggression (including shouting)
Publicly belittling a witness, family member or advocate
Unreasonable interruptions or refusal to permit relevant questions
This list is not exhaustive, but such conduct can unfairly impact participation and confidence in the inquest process.
How can this be addressed whilst in court?
If difficulties do arise during proceedings, the following steps can help you protect yourself and maintain professionalism as direct confrontation is rarely helpful and may escalate matters.
Do not take it personally
Inquest proceedings can be pressurised and emotionally charged and whilst inappropriate conduct should never be excused, it can be helpful to remind yourself that the behaviour you are experiencing is not a reflection on you. Staying calm not only helps to protect your professionalism but also your wellbeing.
Drop the pace and speak slowly
If exchanges start to feel tense, slow down your pace and lower the volume of your voice. This approach can help de-escalate the situation and refocus the court on the central purpose of the inquest and helps to preserve order in the court room.
Ask for a break
If matters begin to escalate, it is entirely appropriate to request a short adjournment. This can be particularly helpful where witnesses or other legal representatives are being spoken to in an inappropriate or distressing manner. A short break can allow emotions to settle, and proceedings can resume more constructively.
Seek a chambers / robing room discussion
In rare cases, the atmosphere in court may deteriorate to the point where it becomes difficult to maintain the fairness and clarity that inquests require. If this happens, it can be appropriate to seek a brief conversation with the coroner (and the other advocates) in private, framed purely as a procedural concern rather than a challenge to their authority. A calm request such as, “Sir/Madam, may I briefly raise a procedural matter in chambers?” can create the necessary pause without escalating the situation.
Once in a private setting, it is important to keep the discussion measured and non‑confrontational. A neutral observation, for example, “I’m concerned that the current dynamic may be affecting the clarity of the evidence”, can help the coroner reflect on their tone or approach without feeling criticised.
How can concerns be addressed after proceedings?
Judicial Conduct Investigations Office (JCIO)
Under the Constitutional Reform Act 2005, matters relating to judicial discipline in England and Wales falls under the joint responsibility of the Lord Chancellor and the Lady Chief Justice. The Judicial Conduct Investigations Office (JCIO) is an independent body that deals with complaints about the personal misconduct of judicial office holders, including coroners.
It is important to note that the JCIO cannot deal with decisions that have been made or the way that the case has been managed, and the route to challenge a decision by a coroner is by judicial review in the high court.
The JCIO website sets out a range of behaviours that may amount to misconduct and confirms the types of matters it is able to investigate, which for example includes allegations of bullying and harassment. Where the conduct you have experienced falls within one of those categories, you can make a formal complaint through the JCIO’s online reporting system.
Private letter
Another option, particularly where the conduct has fallen short of expected judicial standards but may not justify a formal JCIO complaint, is to raise the issue privately with the Senior Coroner for the area. A short, measured letter after the inquest can effectively set out how the behaviour affected the hearing, the witnesses, or your ability to perform your role.
This allows concerns to be addressed discreetly and constructively, and many Senior Coroners are receptive to such feedback, which can prompt local reflection or management discussion without placing pressure on advocates during proceedings.
If the concerns relate to the Senior Coroner personally, or appear to form part of a wider pattern, it may instead be appropriate to write to the Chief Coroner’s Office. While the Chief Coroner does not investigate misconduct, the office oversees coronial standards and training, and correspondence can highlight behaviours or systemic issues warranting national attention.
Raise the matter with your instructing organisation
A further step is to raise the issue with your instructing organisation, particularly where you are acting for a public body or another organisation with regular exposure to the coronial system. Many such clients have ongoing engagement with the coroner’s court and will often have their own professional or risk‑management responsibilities. Letting them know what occurred allows them to log the incident, offer support to any staff affected, and decide whether they wish to contribute to correspondence with the Senior Coroner or, where appropriate, the Chief Coroner’s Office.
The Bar Council: Talk to Spot
In 2019, the Bar Council launched Talk to Spot, an AI assisted chat bot designed to allow people to anonymously record concerns about inappropriate behaviour they may have experienced or witnessed within the judicial system.
The chatbot guides you through a series of questions about what happened, where and when the incident occurred, who was involved and the nature of the conduct experienced. While Talk to Spot is not a disciplinary body it provides a secure space to record incidents without the fear of repercussions, helps people better understand their options, reduces feelings of isolation and enables patterns and themes to be identified over time.
Conclusion
No one providing legal representation at an inquest should feel like they are being bullied by the coroner and if behaviour does fall short of the expected standards, it is important to remember that support and reporting mechanisms are available. Whether concerns are addressed during the hearing, raised with the JCIO, or reported via Talk to Spot, you do not have to navigate these issues alone.
This article was co-authored by Paralegal, Sophia Lotrecchio.
