Supporting witnesses at inquests: Making reasonable adjustments

Attending an inquest can be a daunting and emotional experience—especially for witnesses. For those living with disabilities, health conditions, neurodivergence, are pregnant or have recently had a baby, the formal court environment can present additional challenges that may affect their ability to give clear and accurate evidence.

The Equal Treatment Bench Book (ETBB), updated in May 2025, offers practical guidance to help courts and advocates support witnesses with additional needs. The goal is simple: to ensure every witness can give their best evidence in a fair and supportive environment.

Why reasonable adjustments matter

Without the right support, witnesses may struggle to communicate effectively—potentially impacting the outcome of the inquest and even leading to professional consequences such as GMC or NMC referrals. Early identification of any required adjustments is key to ensuring the court can consider and facilitate a witness giving their best evidence. 

The guidance highlights what some experts deem the most common issues and potential challenges people could face whilst preparing for and giving evidence and suggests steps and adjustments that could be made. I will touch on a few below but a full list of conditions and suggested adjustments can be found in the updated guide. Please see Equal Treatment Bench Book - Courts and Tribunals Judiciary for more information. 

Common barriers and practical adjustments

Menopause

Barriers to effective evidence

Witnesses who may be experiencing menopausal symptoms, both physical or mental, may impact on the way in which they give evidence such as lack of concentration, memory loss, anxiety, hot flushes, headaches, sleep disturbance and heavy periods. The guidance points out that the fact that a witness is sweating and goes red, or appears over-anxious, emotional or vague in her evidence, may be attributable in certain cases to menopausal symptoms rather than anything to do with their evidence. 

Possible adjustments:

• Ensure air conditioning or open windows

• Provide cold water

• Allow frequent breaks

• Easy access to toilet facilities

Pregnancy & Maternity

Physical discomfort, anxiety, and postnatal recovery can make attendance difficult. Courts also need to consider a mother’s anxiety at the prospect of having to attend a hearing whilst heavily pregnant or in the post-natal period whilst still bleeding, sore or breastfeeding for example.  

Possible adjustments:

• Avoid scheduling hearings within one month before or two months after birth

• Respect requests without requiring medical proof

• Avoid suggesting remote attendance as a default

• Consider anxiety and emotional wellbeing

Breastfeeding witnesses

Breaks should be allowed for breastfeeding or expressing milk, having checked with the mother to understand what her preference would be. The use of a private room should be made available. 

Dyslexia

Barriers to effective evidence

A witness with dyslexia may find it challenging to rapidly process information and have weaknesses in their short term and working memory. It often manifests with a difficulty with reading, writing and spelling. As a result of these difficulties there could be inconsistencies and inaccuracies in their evidence. Reference is also made to witnesses struggling to cope with compound questions. 

Possible adjustments:

• Provide written follow-ups to oral requests

• Assist with statement preparation

• Offer regular short breaks

• Use reading aids (e.g., rulers)

• Avoid asking to read aloud

• Provide questions in advance

• Allow clarification and rephrasing

• Emphasize that memory recall is not expected

• Avoid asking witnesses to locate documents in court bundles

Autism 

Barriers to effective evidence

Autistic witnesses may have difficulty in court with sensory overload, answering hypothetical questions, unwritten rules such as when it’s appropriate to speak in court, sudden or last minute changes or requests by the court and literal interpretation of language. 

Possible adjustments:

• The court could be asked to explain the process and the timing of the breaks.

• Give regular breaks

• Switch off lights and fans and allow the witness to wear sunglasses or a hat

• Avoid figurative language

• Avoid hypothetical questions

• Allow the individual to give evidence in chronological order

• Confirm they don’t have to give eye contact and to look wherever makes them feel most comfortable

• Consider written questions before the hearing

• Consider allowing a witness to type answers to questions in the witness box and then reading the answer out

• Consider headphones to allow white noise to minimise external distractions

ADHD 

Barriers to effective evidence

ADHD typically presents as lack of attention to detail, inability to focus or prioritise, forgetfulness, blurting out responses and interrupting others, inability to dealt with stress, poor organisational skills, or extreme impatience. The consequence can be that the witness struggles to concentrate on the questions being asked and may have different thoughts entirely. 

Possible adjustments:

• Speaking and asking questions in short sentences

• Allowing pauses for the person to process what has been said and respond

• Calmly repeat questions

• Choosing a room with minimal outside distractions

• Increased short breaks to re-focus

• Allow written answers to questions

Emotional vulnerability and trauma

The Coroner’s Bench Book (January 2025) also recognises that emotional trauma—not just medical conditions—can make witnesses vulnerable. Recounting the circumstances of a death in a public hearing can be distressing and may impair the quality of evidence.

Possible adjustments include:

• Simplifying language and signposting during questioning

• Limiting the duration and scope of questioning

• Submitting questions in writing in advance

• Using visual aids (e.g., body maps, diagrams)

• Allowing the coroner or counsel to pose questions on behalf of others

A full list can be found here: Chapter 13: Witnesses - Courts and Tribunals Judiciary