A reminder of jury inquest requirements for notifiable diseases

Healthcare providers and professionals are often required to attend inquests as witnesses or interested persons (IPs). A recent inquest highlights the importance of carefully considering whether the cause of death may trigger a mandatory jury inquest under the Coroners and Justice Act 2009 (“CJA 2009”).

The inquest concerned a death caused by meningoencephalitis and was initially listed to be heard by the Coroner sitting alone. The case involved multiple IPs. Prior to the inquest, the Coroner was invited to consider whether it should instead be heard with a jury on the basis that meningoencephalitis is classed as a notifiable disease.

In accordance with section 7(2)(c) of the CJA 2009, an inquest into a death must be held with a jury if the Senior Coroner has reason to suspect that the death was caused by a notifiable accident, poisoning, or disease.

In this case, the Coroner convened a pre-inquest review hearing to consider whether meningoencephalitis fell into this category. While the UK Health Security Agency (“UKHSA”) (formerly Public Health England) expressly lists acute meningitis and acute encephalitis as notifiable diseases, it does not specifically refer to meningoencephalitis, giving rise to uncertainty.

The Coroner subsequently sought expert opinion on whether meningoencephalitis was in fact a notifiable disease. The expert advice obtained by the Coroner advised that, since meningoencephalitis is an infection of both the meninges (the layer that covers the brain) and the brain itself, it is a notifiable disease in the UK. As a result, the inquest was re-listed to be held with a jury.

This case serves as a useful reminder that, when representing clients at inquests, one must always have in mind the list of notifiable diseases that engage section 7(2)(c) of the CJA 2009. A list of the current notifiable diseases can be viewed here.

Notifiable diseases are those diseases which must be reported by registered medical practitioners to the UKHSA to protect public health. Health protection teams use the information provided to manage outbreaks and prevent further outbreaks by, among other things, providing the public with advice, contact tracing, and identifying disease trends and risks. The specified diseases range from the relatively common (e.g. chickenpox) to rare (e.g. plague).

It is not entirely clear why there is a statutory requirement for jury inquests where the death is due to a notifiable disease. One possibility is that it is due to the way in which the equivalent provision from the predecessor to the CJA 2009 was incorporated into the new legislation. Some legal commentators have suggested that the requirement simply causes delay and complexity, and that a better-quality determination would almost always be achieved by a coroner sitting alone.

Interestingly, section 30 of the Coronavirus Act 2020 temporarily modified section 7 of the CJA 2009, to provide that Covid-19 (a usually notifiable disease) was not a notifiable disease for the purpose of that section, and therefore the duty to hold a jury inquest did not apply.

However, the issue of notifiable diseases in the context of inquests remains hugely important, having regard to the meningococcal group B and hantavirus outbreaks seen so far in 2026.

If you have questions or concerns about an inquest-related matter, please contact Leigh Taylor. Leigh advised the healthcare provider in the inquest referred to in this article and is often instructed to assist healthcare clients who are required to attend inquests as witnesses or IPs.