Coroner s Officers Saint Blaise Building, Bromley Civic Centre Stockwell Close, Bromley BR1 3UH

Transcription

1 Coroner s Service Charter Her Majesty s Coroner Southern Diistriict of Greater London H M Coroner s Court The Coroner s and Magistrates Court Building Barclay Road, Croydon, CR9 3NE Coroner s Officers Saint Blaise Building, Bromley Civic Centre Stockwell Close, Bromley BR1 3UH

2 REGISTRATION OF A DEATH Before a death can be registered in England and Wales there must be Either a properly issued medical certificate of the cause of death issued by a registered medical practitioner; (commonly known as a death certificate ) Or a certificate from HM Coroner, issued after appropriate investigations. STATUTORY DUTY ON REGISTRAR OF BIRTHS AND DEATHS The law 1 requires Registrars of Births and Deaths to report certain types of death to HM Coroners. These include: Where the deceased was not attended during his last illness by a registered medical practitioner Where the registrar has been unable to obtain delivery of a completed certificate of the cause of death Where the registrar has received a certificate from which it appears that the deceased was not seen by the certifying medical practitioner either after death or within 14 days before death Where it appears that the cause of death is unknown Where it appears to the registrar that the cause of death is unnatural, or caused by violence or neglect or by abortion or to have been attended by suspicious circumstances Where it appears that death occurred during an operation or before recovery from the effects of an anaesthetic Where it appears from any medical certificate of the cause of death that it was due to industrial disease or industrial poisoning. THE ROLE OF HER MAJESTY S CORONERS HM Coroner is An independent judicial officer who holds office under the Crown and is solely responsible, subject to the requirements of the law, for the conduct of his duties. Coroners have a legal duty 2 to hold an inquest when they are informed that there is a body lying within their district 3 and there is reasonable cause to suspect that the deceased (a) has died a violent or unnatural death; (b) has died a sudden death of which the cause is unknown; or (c) has died in prison. and in certain other circumstances. The inquest must be held as soon as practicable. HM coroners, sitting alone, hear most inquests but some inquests must be held with a jury. The procedure is inquisitorial, not adversarial. 1 The Registration of Births and Deaths Regulations 1987, reg Coroners Act 1988, s.8 (1) 3 That is within the four London Boroughs of Bexley, Bromley, Croydon and Sutton for HM Coroner for the South District of Greater London

3 GENERAL Application 1. This Document tells you what standards of performance are to be expected in the coroner service, and what to do if something goes wrong. HM Coroner for the Southern District London of Greater London provides coronial services for the area of south and outer south-eastern Greater London comprising the London Boroughs of Bexley, Bromley, Croydon and Sutton. For brevity, in the remainder of this Charter the service will be called the South London Coroner s Service. 2. In general this document applies to all users of the South London Coroner Service; however, by law certain of the legal rights apply only to those whom the coroner considers to have a proper interest in the circumstances of the particular death. A list of those usually recognised as properly interested persons is set out in the Home Office Guide When sudden death occurs available, free of charge, from the coroner s offices (see page 4). Legal position 3. The South London Coroner Service operates within a legal framework (the Coroners Act 1988 and The Coroners Rules 1984). It is the duty of HM Coroners to investigate deaths that are reported to them and which appear to them to have been violent or unnatural or that are sudden and of unknown cause. Coroners also inquire into deaths that occur in custody (such as prisons and police stations) and they have certain other responsibilities, including for treasure under the Treasure Act We aim to undertake our legal obligations efficiently and effectively but sensitively, in a manner that recognises and tries to minimize the distress that families and others may already be experiencing. 4. Initial investigations undertaken by the South London Coroner s Service (often including a post-mortem examination of the deceased) will in many cases reveal the particulars necessary to register the death, including the medical cause of death. If the death was due to natural causes, these investigations will probably allow the death to be registered without the need for an inquest. However, if the cause of death remains in doubt, or if the death was violent or unnatural, HM Coroner will hold an inquest in public to ascertain the facts and allow the death to be registered. Conduct 5. The South London Coroner Service will treat the bereaved and other members of the public courteously and sympathetically at all times, and will have regard, within the constraints of the coroner s statutory duties, to the deceased's religious faith and cultural traditions. We ask families and others to co-operate with us to the best of their ability and to provide to us, when requested, such necessary information as we may seek. 6. Our duties will be discharged impartially so that the facts surrounding a reported death can be ascertained, to comply with HM Coroner s legal responsibilities. 7. Confidentiality will be preserved so far as is possible within a system that is based on public court hearings. The law requires inquests to be held in public and press reporters attend many inquests. Explanations will be given, on request, to properly interested persons for the procedures adopted in particular cases. CORRESPONDENCE 8. Written enquiries to the South London Coroner Service will normally receive a reply within 10 working days of receipt. If the matter cannot be resolved within that time, an acknowledgement will usually be issued, with an indication of when a substantive reply will be sent.

4 CONTACT AND ENQUIRY POINTS 9. HM Coroner is assisted by a number of Coroner s Officers who deal with day-to-day work and liaise with relatives, witnesses and others at his request and on his behalf. The office for the Coroner s Officers for the South London Coroners Service relocated to new premises in June The contact details are: - Saint Blaise Building, Bromley Civic Centre, Stockwell Close, Bromley BR1 3UH Telephone Facsimile Web site: The main court remains in the Magistrates and Coroner s Court building in Barclay Road, central Croydon. Normal office hours are from 08:00 to and to 16:00 each weekday, Monday to Friday, except Public Holidays. Offices may not always be staffed throughout these times because the Officers may be out and about, undertaking their duties, but an answer-phone facility is available. Two duty officers provide on-call cover out of hours and at weekends for emergencies, one covering the western area of the district [Croydon and Sutton] and the other the eastern area [Bexley and Bromley]. The coroner or his deputy is also available at all times. In the first instance you should telephone the local office and, if it is not staffed, either leave a message or follow the guidance given to contact the on-call officer. Court access, including disability access 10. Inquests are usually held at The Coroner's Court, situated in the Law Courts building in Barclay Road, CROYDON Surrey CR9 3NE. This should not be confused with the Law Courts building in Altyre Road, next door, where most of the Crown Court is situated. Occasionally inquests may be held at other locations within the district. The courts have toilets, refreshments, waiting rooms, telephones, and facilities for people with disabilities. To enable us to make all necessary arrangements, it is appreciated if prior warning can be given by those requiring facilities for disabled persons. 11. Translation, interpretation and other special needs Those who wish to attend court and who have any special requirements (including, for example, a need for translation or interpretation services or help with reading) are requested to contact the office dealing with the inquest well in advance of the hearing. 12. Location of the Coroner s Court The location of the coroner's court is signposted and easily accessible in central Croydon. It is near the Fairfield Halls and close to East Croydon Rail and Tramlink Stations and to a bus station. Detailed further directions and a map, if required, are available on application to any of the South London Coroner s Offices. Public car parking is available in Central Croydon car parks but not in the court complex itself. Wheelchair access is provided, but please advise us in advance if possible so that all necessary arrangements can be made to facilitate entry, etc. 13. Staff HM Coroner s Officers in the South London Coroner Service will identify themselves by name in their dealings with members of the public. The Deputy Coroner or the Assistant Deputy Coroner may act when HM Coroner himself is not available. In doing so, the deputies exercise the full powers of the coroner.

5 CORONER S INQUISITIONS Referrals to HM Coroner not requiring an inquest 14. If a death is reported that HM Coroner is satisfied does not need to be the subject of an inquest, a certificate giving the cause of death will be sent to the registrar of deaths within 5 working days of the completion of the coroner's enquiries. Deaths where an inquest must be held 15. Where HM Coroner has reasonable cause to suspect that a body is lying within his jurisdiction and the death is violent or unnatural, or is sudden but the cause of death is unknown, he will hold an inquest. He must also hold an inquest for certain other categories of death, such as deaths in prison and work-related deaths. Interviews 16. If the South London Coroner s Service needs to interview someone about a death, the aim will be to do so no more than once, at a time and place convenient to the person concerned. If that person wishes, they may be accompanied during the interview by a relative, friend or other person. Every effort will be made to avoid causing additional distress to close friends or relatives of the deceased. It should be noted, however, that interviews may also be undertaken by other parties, in part on the coroner s behalf but also in connection with police or other investigations that are outside the control of HM Coroner. A copy of any statement to be used at the inquest will usually be provided, on request, to the person who made it as soon as practicable and in any event in advance of the hearing. However, it may not always be possible to do this as HM Coroner may decide not to release it. POST-MORTEM EXAMINATIONS (syn. autopsy, necropsy) 17. There are circumstances when a post-mortem (p-m) examination is necessary, and this will usually be the case where an Inquest is expected. Most p-m examinations are conducted at mortuaries within the jurisdiction but some may be performed in other mortuaries. When HM Coroner decides that a p-m examination is necessary, the immediate next of kin and others whom the Coroner considers to have a proper interest, and where the necessary details are known to the South London Coroner s service, will be given: on request, an oral explanation of why a p-m examination is necessary and what is involved; at their prior request, where practicable, advance notice of the arrangements, so that a doctor may represent them at the p-m examination if they wish. Post mortem examinations are normally undertaken as soon as possible, usually as soon as a suitable pathologist is available and often within 24 hours of the discovery of the death. Thus, advance notice may not always be practicable; on request and payment of a fee, a copy of the report of the p-m examination when available; details of the date and time of the full inquest hearing (or each hearing if more than one) at least 5 working days in advance. (However, the formal opening of an inquest - for taking evidence of identity and the medical cause of death - will generally take place within 5 days of the report of the death, at which point the body will normally be released). It is usual for HM Coroner s post-mortem examinations to be completed on one occasion, but sometimes laboratory examination of body fluids or tissue samples may be required. Where such further examination is necessary we will advise the immediate next of kin

6 and seek their views on the subsequent disposal or retention of the retained material. So far as is possible and practicable, we will comply with their wishes. Occasionally, it is necessary for a complete organ or set of organs to be removed from the body and sent for further special examination. In such cases the immediate next of kin will be advised: - What organ or organs have been retained for further examination; Why further examination is required; For how long they will be retained. We will then ask the next of kin for their views on the disposal or retention of those organs and will comply with them, so far as is possible and practicable. ADMINISTRATION & TIMING 18. The South London Coroner s Service will notify those asked to attend an inquest: of the contact details including the telephone number and name of the officer who will be their usual point of contact for enquiries; of the availability of a leaflet explaining the purpose and procedures of inquests; that they may attend an inquest as an observer beforehand; if this is practicable; that those called as a witness or as a juror may claim (within a statutory scale of fees and expenses) for travel and subsistence expenses and for financial loss allowances and will explain how to do this; that they may express their preference for swearing evidence (e.g. in accordance with specified religious beliefs. or on affirmation). 19. The South London Coroner service will endeavour to hold any necessary inquest as soon as practicable. Most inquests in the South London take place within 3-6 months of the death and very few take place more than 12 months after the death. However, there may be factors outside HM Coroner s control that can cause delay, for example because there are proceedings before other courts that have first to be resolved. Where the inquest is likely to be delayed the South London Coroner Service will notify interested persons of the position, including the reasons for any continuing delay, unless the inquest has been formally adjourned to a specific date. RELEASE OF THE BODY and ORGAN DONATION 20. The South London Coroner Service will release the body of an identified deceased person for the funeral at the earliest opportunity. This is normally within 5 working days but, where there are uncertainties about identification or the cause of death or where the death is suspicious, it may be necessary to retain the body longer for further investigation. The South London Coroner Service will inform relatives of potential delays and the reasons for them. Where the South London Coroner Service is advised of a wish to donate organs for transplant purposes the request will be referred to the duty coroner who will, wherever possible, agree to such a request and will in any event consider the request promptly. DISCLOSURE OF INFORMATION 21. HM coroner will, on request and upon payment of the prescribed fee, provide to a properly interested person, not less than 3 working days in advance of the inquest, a copy of the report of the post mortem examination. He will similarly provide, after an inquest, a copy of any notes of evidence or of any document put in evidence at an inquest. He also has discretion to permit a properly interested person to attend in person to inspect such a report, notes of evidence or document.

7 JURORS 22. For jurors, the South London Coroner Service will: Give oral guidance and/or provide a leaflet explaining the duties of a juror at an inquest, and providing other relevant information, as soon as practicable beforehand; Provide an indication in advance of how long the jury service is expected to last. AFTER THE INQUEST 23. On the conclusion of the inquest, the next of kin will be provided with an explanation about how, when and where a copy of the death certificate may be obtained. 24. If, in the interests of preventing further fatalities, HM coroner decides to report the matter to a relevant person or authority, he will do so within 10 working days of the inquest outcome. 25. HM coroner will supply to an interested person, on application and payment of the fee, a copy of the inquest verdict (although this is reproduced on the death certificate), or any of the documents produced in evidence, within 10 working days of receipt of the prescribed fee (which will vary according to the number and size of the documents to be copied). An estimate of the fee will be provided in advance, if requested. 26. HM coroner will also supply, for the prescribed fee, a copy of his notes of evidence. For those who require a transcript of the proceedings, a voice recording of the evidence will be made available by the South London Coroner Service to an accredited court transcribing service, such as Fiona Shipley Associates* based in Croydon. Those who require the transcript must deal direct with the transcribing service and be responsible for the costs incurred. *Fiona Shipley Transcription Ltd Abbey House 25 Clarendon Road Redhill Surrey RH1 1QZ Tel: Fax: Expenses 27. HM coroner will within 3 working days of receipt of properly completed applications for fees and expenses for witnesses and jurors authorise them and will then either pay them or will forward them for payment to Croydon Council who will then pay witness and juror expenses after receipt of the authorised claim from HM coroner. The sum payable may be fixed by statutory regulations. APPLICATIONS FOR PERMISSION TO REMOVE A BODY ABROAD ( Out-of England Orders) 28. The South London Coroner Service will make every effort to complete their enquiries and decide such applications within 4 days of receipt of notice, including weekends and public holidays. It is often possible to deal with such applications within 24 hours of receipt by the South London Coroner s Service but, whilst every effort will be made, this timing cannot be guaranteed. TREASURE INQUESTS 29. The South London Coroners Service has responsibility for enquiries into treasure finds in the district. Information about treasure inquests is available from the Coroner s offices and from COMMENTS AND COMPLAINTS 30. Coroners will not normally enter into correspondence about individual cases they have completed, but comments and suggestions on improving the South London Coroner Service are always welcome. Please contact HM Coroner at the Coroners Court with your comments; please identify the office you had been dealing with. The aim of the South London Coroner Service is to provide a level of service that meets your expectations, and

8 where possible exceeds them, so that you should have no cause for complaint, but if you do, the complaint will be dealt with speedily and courteously. Complaints about HM Coroner s decision or the outcome of an inquest can only be dealt with by a legal procedure in the High Court. The Coroner s office dealing with the inquest will be able to outline the procedure on request, but cannot give legal advice or assistance. All complaints about the administration of the South London Coroner Service, or the conduct of individual coroners or their officers and staff, should be raised in the first instance by writing to H M Coroner at the Coroners Court address, marking your letter Service Standards. HM coroner will reply to such complaints in accordance with the timescales set out above. If the South London Coroner Service fails to deal with the complaint satisfactorily, the complainant may refer it to the Ministry of Justice (The Coroners Unit, Ministry of Justice, 102 Petty France, London SW1H 9AJ). The Ministry of Justice has no disciplinary powers or power to award compensation but may, in appropriate cases, refer the complaint to the Office for Judicial Complaints: The South London Coroner Service and Council's performance will be monitored regularly against the standards detailed in this document. Further information 32. Further copies of this charter may be obtained from the Coroner s offices. General information on the work of the coroner is contained in Home Office leaflets published from time to time and also available from the Coroner s offices. Other publications may also be available please ask at any of the South London Coroner s Service offices. 33. Copies of this charter can be made available on request in large print font and on audio-tape in English. Translations into other languages may be arranged, on request. Please advise the office dealing with the Inquest. 34. This charter was first published in March And has been regularly revised since. Addresses and other contact details appear on the next page.

9 Coroners HM Coroner: Dr Roy Palmer Deputy Coroner: Mrs Selena Lynch Assistant Deputy Coroners: Dr William Dolman and Miss Shanta Deonarine Coroners Personal Assistant: Mrs Lesley Tierney ( or ); Coroner s Court Address H.M. Coroner s Court, Barclay Road, Croydon CR9 3NE Telephone Facsimile info@southlondoncoroner.org Coroner s Officers Manager (Acting): Mr Kenneth Clark Coroner s Officers Contact details: Coroner s Office for the South London Coroner s Jurisdiction South London Coroner's Office Saint Blaise Building, Bromley Civic Centre Stockwell Close, Bromley BR1 3HU Telephone Fax info@southlondoncoroner.org Government Department with oversight of the Coroner Service: Ministry of Justice Coroners Unit Coroners and Burials Division 4th Floor Tower 102 Petty France London SW1H 9AJ Telephone: Fax: DX Westminster 8 H M Coroner, June 2011