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An 18-year-old should come home from a night out. Henry Nowak did not.
The circumstances surrounding Henry's death are deeply tragic. Alongside the profound loss suffered by his family, the case has generated significant public concern because of allegations about the police response in the moments after he was stabbed. It has been reported that Henry told officers he had been stabbed and was struggling to breathe, raising important questions about decision-making, the protection of life and the actions taken at a critical time.
Hampshire Constabulary has since issued a public apology, while the Independent Office for Police Conduct (IOPC) is investigating the officers' actions. Those investigations, together with the inquest process, are essential in establishing the facts and providing independent scrutiny where serious concerns have been raised.
For Henry's family, the inquest will be an important opportunity to understand what happened in the final moments of his life. More broadly, it demonstrates the vital role inquests play in examining deaths involving public authorities and ensuring accountability where questions remain unanswered.
What an Inquest Is – and Isn't
An inquest is a fact-finding investigation conducted by a coroner into a death. It is not a criminal trial and does not determine civil or criminal liability.
The purpose of an inquest is to establish:
- Who the deceased was;
- When they died;
- Where they died; and
- How they came by their death.
Evidence can include medical reports, CCTV, witness testimony, police logs, and expert opinions. In more complex cases there may be one or more pre-inquest review hearings to set scope and identify witnesses.
In cases involving state agencies or public authorities, an inquest can provide an important public examination of the circumstances surrounding a death and can help identify lessons that may prevent future deaths.
When is Article 2 Engaged?
Article 2 of the European Convention on Human Rights protects the right to life. Where there is evidence that state authorities may have failed to take reasonable steps to protect life, or where the actions of public officials may have contributed to a death, a Coroner may determine that Article 2 is engaged.
An Article 2 inquest is generally broader than a standard inquest. Rather than focusing solely on the immediate cause of death, it may examine the wider circumstances and systems that were relevant to the death, including the actions, decisions and omissions of public authorities.
Examples include deaths involving:
- Police contact;
- Deaths in custody;
- Mental health services;
- Hospitals and healthcare providers;
- Social services;
- Prisons; and
- Other state bodies.
Where police conduct forms part of the circumstances surrounding a death, a Coroner may consider whether the investigative obligations arising under Article 2 require a more detailed examination of events.
Funding for Families and how Duncan Lewis can Help
One of the significant challenges bereaved families face is participating effectively in an inquest where public authorities are legally represented. Access to representation is often crucial in enabling families to obtain answers, scrutinise evidence and participate fully in proceedings.
In Article 2 cases, bereaved families more often meet criteria for public funding (Legal Aid), and exceptional case funding may be available even in non-Article 2 matters where representation is necessary for effective participation.
The Inquest and Public Law team at Duncan Lewis Solicitors has extensive experience representing bereaved families in complex inquests, including deaths involving police forces, healthcare providers, prisons and other public authorities.
We assist with: early evidence gathering; liaison with the coroner’s office; applications and submissions on Article 2 engagement and scope; identifying and instructing independent experts; preparing witnesses; and advocacy at pre-inquest reviews and the inquest hearing. Where appropriate, we also advise on parallel civil claims once the inquest has concluded.
We understand that no legal process can undo the loss of a loved one. However, an inquest can play a vital role in establishing the facts, securing accountability and identifying changes needed to prevent similar tragedies in the future.
If you have lost a family member in circumstances involving the police or another public authority, our specialist solicitors can advise on the inquest process, whether Article 2 may be engaged, and the funding options available to support legal representation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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