Aviation Anthology Vol 1 2026 - Digital Version - Flipbook - Page 21
Reports to prevent future deaths: the significance of the Chief
Coroner’s April 2026 publication policy (England and Wales) for
aviation
Overview
In April 2026, the Chief Coroner of England and Wales
issued a formal policy entitled Prevention of Future
Deaths Reports – Publication Policy (2026).[1] The policy
sets out the approach to the publication, redaction
and, in exceptional circumstances, non-publication
of Prevention of Future Deaths (“PFD”) reports and
responses.
Fatalities from air accidents in England and Wales remain
low and PFD reports in this context are correspondingly
rare. The UK Air Accidents Investigation Branch (“AAIB”)
in its Annual Safety Review 2025 (published 5 June
2026),records 12 fatal air accidents in the UK in 2025,
resulting in 18 fatalities. Of that number, four fatalities
occurred in the commercial air transport sector. In the
foreword, the Chief Inspector of Air Accidents notes,
“safety is a perpetual challenge and investigations into
accidents and serious incidents are needed to identify
remaining vulnerabilities, understand new risks and help
prevent future occurrences.” [2]
Notwithstanding their relative rarity in aviation, PFD
reports, when issued, can engage significant matters
of regulatory compliance, operational practice and
organisational decision making. The April 2026
Publication Policy is therefore of clear and direct
relevance to those in the aviation industry, particularly
in circumstances where coronial scrutiny intersects with
AAIB safety investigation.
Prevention of future deaths reports: the statutory
framework
The legal basis for PFD reports is well established,
deriving from the Coroners and Justice Act 2009 and the
Coroners (Investigations) Regulations 2013.[3]
A coroner in England and Wales is under a mandatory
duty to issue a PFD report where, in the course of
an investigation, the coroner forms the opinion that
the circumstances disclosed give rise to a risk of
Aviation Anthology 2026 - Volume I
future deaths occurring or continuing unless action is
taken, and that action should be taken to eliminate or
reduce that risk. The coroner’s discretion is limited to
determining whether those statutory conditions are met.
Once satisfied, the coroner must issue a report to any
person or organisation, including regulators or public
authorities, considered to have the power to take such
action.
Recipients are subject to a separate mandatory
obligation to provide a written response within 56 days
(subject to extension), setting out any action taken or
proposed, or explaining why no action is proposed.
Reports and responses are provided to the Chief
Coroner, who determines their publication.
Why was a formal publication policy required?
The introduction of the April 2026 policy reflects
developments in both the use and practical significance
of PFD reports.
First, the volume of PFD reports has increased over
time. Ministry of Justice statistics record 569 PFD reports
issued in England and Wales in 2023.[4] With increased
numbers comes a corresponding need for a clear and
structured framework governing their treatment.
Secondly, the accessibility of PFD reports has changed
significantly. Since January 2023, reports and responses
have been published on a searchable database
maintained by the Judiciary of England and Wales. Since
January 2026, full-text publication has further enhanced
accessibility, enabling searches by key words and
phrases. As a result, PFD reports now have significantly
greater practical, reputational, and regulatory
consequences for those to whom they are addressed.
Thirdly, transparency has been reinforced through
additional measures, including the publication of twice
yearly lists identifying recipients who have failed to
respond within the statutory timeframe. This has further
strengthened the accountability aspect of the PFD report
regime.
DAC Beachcroft
21
