A Person by Any Other Name: The Legal Significance of Chosen Names in Inquest Findings

In coronial proceedings, identifying the deceased is the first fundamental question for any inquest. Traditionally, the name registered at birth has been the default identifier. However, as society evolves, contemporary inquest practices must also adapt to recognise an individual’s identity and chosen names.

Beyond the First Statutory Question: The Importance of a Name 

Establishing the name of the deceased goes beyond merely answering the initial statutory question of "who" the deceased was. A name serves as a cornerstone for the entire inquest process. It is deeply intertwined with an individual's identity, background, and personal history, offering crucial context and insight into their life.

It can provide a window into the deceased thoughts, their mental state, social relationships, and any factors that may have contributed to their death. It serves as a springboard into the life of the deceased, which is an equally important consideration for any inquest.

Recording the Deceased’s Chosen Name

Under Section 5(1)(a) of the Coroners and Justice Act (CJA), the name of the deceased is a fact to be found on the balance of probabilities (more likely than not).

Like any other statutory question (how, when, where, and in what circumstances), the coroner must consider the evidence before them and whether, on balance, it supports a safe finding of the deceased’s chosen name.

Considering the “Balance”: When a Chosen Name is Disputed

There will be inquests where there is disagreement with the chosen name. Those closest to the deceased, such as any bereaved members, may disagree with the deceased’s gender identity and, along with it, their chosen name.

For transgender or non-binary individuals, the importance of recognising them by their chosen name is paramount. If an individual has chosen to identify by a particular name, then to them that aligns with their true self.

Any coroner finding themselves in this situation must consider the balance of the evidence before them. This includes the steps taken by the deceased to change their name, even if informally, the extent they communicated/reinforced their chosen name to others, the impact on the deceased when not referred to by their chosen name, and an overall consideration of their Article 8 rights to respect for a private and family life.

The coroner must show respect to the bereaved but also who the deceased chose to be in life.

Above all else, the finding must reflect them accurately and with clarity.

Given this, the wishes of the deceased must be the only appropriate starting position for any discerning coroner.

The Developing Landscape of Gender Identity

As society’s understanding of gender identity develops, health and social care providers should have clear policies regarding the use of chosen names and gender identity. Deadnaming, or using a transgender person's birth name instead of their chosen name, is recognised as harmful and disrespectful. If the evidence shows the deceased fully rejected their given name, it is then inappropriate to use terms like “formerly known as” or “aka”; any record-keeping should reflect their chosen name.

Professionals giving written or oral evidence at an inquest should reflect how they knew the deceased in life but be mindful of the feelings of the bereaved when doing so.

Looking to the wider legal system, on 18^th December 2024, the Court of Appeal delivered a landmark decision in C (A Child) (Change Of Given Name) [2024] EWCA Civ 1582 within the family law jurisdiction. In this case, the Court of Appeal supported the child’s decision, who was 15 at the time, to adopt their chosen name/identity. The child’s wishes, welfare, identity, and Article 8 rights to control their name and identity were at the heart of the Court’s rationale.

This ruling marks a significant step in acknowledging and supporting the identities of non-binary individuals in law.

Conclusion

As society continues to evolve in its understanding and recognition of gender identity, coronial practice must also adapt to ensure that inquest findings follow suit. 

Coroners should always keep an open mind when it comes to the question of “who” the deceased was. If the evidence supports it, the practice of registering the deceased by their chosen name is a significant step in ensuring their true selves are recognised and respected in the eyes of the law.

Clyde & Co's healthcare group is recognised for its extensive industry knowledge, offering a range of legal services covering public and private sectors as well as inquests, advocacy, professional regulation, product liability and pharmaceuticals / life sciences. Should we be able to assist you, please do contact one of our experts.