Bereavement Support After a Death in Prison or Custody

A death in prison or state custody can bring grief, shock and urgent questions at the same time. Families may have to deal with the funeral while several official bodies investigate what happened. You should be given a named contact, and you can ask questions, provide information and seek independent specialist advice.

The exact process depends on where the death happened. Much of this guide describes prisons in England and Wales. Scotland and Northern Ireland use different investigating bodies, explained below.

What happens first in England and Wales?

After a death in prison, the prison should notify the police and coroner, contact the next of kin and appoint a family liaison officer. The coroner controls the investigation into who died and how, when and where the death occurred.

A post-mortem examination is usually arranged to help establish the medical cause of death. The family liaison officer should explain the immediate process, help with practical questions and keep the family informed.

The National Prisoners' Families Helpline guide gives a detailed overview of the stages and useful contacts. Keep the name, email address and direct number of every official you speak to.

Your family liaison officer

The prison's family liaison officer, often shortened to FLO, is normally the first practical contact. They can help explain:

• the investigations that will take place
• how and when personal property will be returned
• arrangements for visiting the prison, if appropriate
• contact with prison chaplaincy
• when the funeral may be able to proceed
• support organisations available to the family

Write down your questions before each conversation. If several relatives are involved, agree one main family contact where possible. That reduces crossed messages while still allowing other close relatives to ask to be recognised in the process.

The prison FLO works for the prison. You may also be contacted by a separate family liaison officer from the Prisons and Probation Ombudsman. It is reasonable to ask each person to explain their role and whether information you share will form part of an investigation.

The independent investigation

The Prisons and Probation Ombudsman, or PPO, independently investigates deaths in its remit in England and Wales. The investigation examines the circumstances leading to the death, relevant records, the management of health and risk, and whether lessons should be learned.

Families can provide information, raise concerns and suggest questions. Do this in writing where possible. Include dates, names and the source of any information, and keep a copy.

The PPO publishes final reports only after sharing them with the family and after the coroner's inquest. Its death investigation page also warns that reports may contain distressing detail. You do not have to read published reports alone.

Healthcare may be examined through a separate clinical review. Ask the investigator how health questions will be handled and how the family can contribute.

The coroner and inquest

A death in prison will normally involve a coroner's investigation and an inquest in England and Wales. An inquest is a fact-finding process. It is not a criminal trial and does not decide civil liability.

The coroner may open the inquest soon after the death and then adjourn it while other investigations continue. There may be one or more pre-inquest review hearings before the final hearing.

Close family members may be treated as interested persons. This can provide rights to participate, receive relevant disclosure and make submissions. Ask the coroner's office to confirm your status and explain how documents will be shared.

The Ministry of Justice publishes a Guide to coroner services for bereaved people. GetPassage also has a separate guide to what happens at an inquest.

Questions to record early

Grief can make it difficult to remember details. Start one secure document and add questions as they arise. You might ask:

• When was my relative last seen or spoken to?
• What healthcare did they receive?
• Were risks, medication or symptoms recorded?
• Who was notified, and when?
• What documents will the family receive?
• How can we submit information to the PPO and coroner?
• When will personal belongings be returned?
• Who will tell us when the funeral can take place?
• Is there a deadline for requesting or challenging anything?

Do not feel pressured to settle every question in the first call. Ask officials to confirm important information in writing.

Getting specialist legal help

Legal representation is not compulsory at an inquest, but families may want advice, especially where facts are disputed or several public bodies have lawyers.

INQUEST supports families after deaths involving state bodies. Its casework team can help people understand the investigation and inquest process, identify important questions and find solicitors with relevant experience.

Ask about public funding before agreeing to legal costs. Eligibility depends on the circumstances and may involve financial criteria. Do not assume that funding is either automatic or unavailable.

The Coroners' Courts Support Service can also provide practical and emotional support around attending a coroner's court.

Funeral timing and practical arrangements

A funeral cannot take place until the body has been released by the relevant authority. Ask the coroner's officer and family liaison officer for an update before confirming a date with a funeral director.

Prison staff should explain the current policy on reasonable funeral expenses and any exceptions. The rules can change, so rely on written information for your case rather than a figure quoted by someone else. The current HMPPS policy framework covers family liaison and the steps prison staff must follow after a death in custody.

Keep receipts, letters and a note of decisions. That record can help when different organisations are dealing with separate parts of the process.

Scotland and Northern Ireland

The names of the bodies are different outside England and Wales.

In Scotland, deaths are investigated by the Crown Office and Procurator Fiscal Service on behalf of the Lord Advocate. The Scottish Prison Service states that Police Scotland is notified and the matter is reported to the Procurator Fiscal. A Fatal Accident Inquiry may follow. Start with the prison family contact and the COPFS death investigation guidance.

In Northern Ireland, the Prisoner Ombudsman for Northern Ireland investigates deaths in prison custody. Its death in custody investigation guidance explains its role. Ask the prison and coroner's office which process applies to your family.

If the death involved police custody, immigration detention, a mental health setting or another form of state detention, the investigating bodies may differ again. The Independent Advisory Panel on Deaths in Custody lists resources for families affected by several types of state-related death.

Emotional support after a death in custody

This kind of bereavement can involve anger, unanswered questions, stigma and repeated exposure to distressing evidence. It may feel different from other grief. You can seek emotional support without giving up your right to ask difficult questions.

Useful starting points include:

• INQUEST for specialist casework after a state-related death
• the National Prisoners' Families Helpline for prison-related information and support
• Cruse Bereavement Support for grief support
• Samaritans, free on 116 123, if you need someone to listen at any time
• your GP, particularly if sleep, panic, low mood or traumatic symptoms are affecting daily life

If you or someone else is in immediate danger, call 999 or go to A&E. For urgent mental health help that is not an emergency, use NHS 111 and select the mental health option where available.

A practical checklist for the first weeks

1. Record the family liaison officer's details.
2. Ask which bodies are investigating and who leads each part.
3. Nominate a main family contact if that helps.
4. Write questions and concerns in one secure document.
5. Keep copies of every letter, report and email.
6. Confirm how to submit information to the investigator and coroner.
7. Ask when property will be returned and when funeral arrangements can proceed.
8. Contact INQUEST or a specialist solicitor if independent advice would help.
9. Ask about legal funding and funeral-expense policy before committing money.
10. Arrange emotional support for yourself and other close relatives.

GetPassage can hold this checklist alongside funeral, estate and notification tasks, with notes on who is handling each action. The aim is not to rush the process. It is to give the family one clear record while different organisations carry out their work.

You are allowed to grieve and to seek answers at the same time. Take the process one contact, one document and one question at a time.