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Death Registration, HM Coroner and Repatriation

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1 Death Registration, HM Coroner and Repatriation
Funeral Administrator Unit AD2

2 Learning Outcomes: The learner is able to:
Assist clients by advising where, when and by whom, a death must be registered Describe the uses a range of statutory certificates and documents required for burial and cremation Describe the procedures for importing and exporting human remains Advise a client on the requirements and procedure for registering deaths occurring outside of England, Wales, Northern Ireland or Scotland Advise on the role of HM Coroner [or Procurator Fiscal] and the Coroner’s office Explain to a client the reasons for Post Mortems, Jury and Non-Jury Inquests

3 Registration – Why? It’s the law Duty to register a death
Births & Deaths Registration Act 1953

4 Registration – Where? In the sub district where the death occurred (with some local arrangements e.g. anywhere within the county) In some circumstances the registrar will give permission to register the death in another district – known as ‘registering by declaration (but extra time required)

5 Registration – Who? A relative of the deceased, present at the death
A relative of the deceased in attendance during the last illness A relative residing in the same sub-district where death occurred A person who was present when death occurred The Administrative Officer of a Hospital or Nursing Home The Person instructing the Funeral Director

6 Registration – When? Within 5 days of death
Unless an exception applies

7 Registration – What? Information and Documents
Deceased’s name & address Deceased’s place & date of birth Date of birth of a surviving spouse Deceased’s occupation, status Deceased’s place & date of death If in receipt of pension or public fund payments

8 Registration – What? Information and Documents
Medical certificate of cause of death (MCCD) or confirmation that Coroner’s form 100 has been received by the Registrar Birth Certificate and/or Marriage Certificate (if available) Medical Card of the deceased (if available) For married women, Maiden name and occupation of Husband Costs nothing to Register, but certified copies cost £4.00 each (more expensive if requested later)

9 Registration – Exceptions
When information to register is not available, and a burial should take place quickly for religious reasons, an extension of up to 14 days may be granted with the written permission of the Registrar, but only burial will be allowed When a death has occurred outside of England and Wales. The registrar will then issue a certificate of no liability to register in cases of burial, for cremation Coroner’s certificate 6 applies. All deaths occurring out of England and Wales need to be reported to HM Coroner by the funeral director on arrival of deceased back from place of death

10 Registration – Exceptions
When a death has been reported to the coroner and an post mortem performed, registration must take place within 14 days of the Registrar receiving notification from Coroner (Form 100B) Stillborn child. Within 42 days in the sub- district where the birth occurred. Registrar can issue a Certificate for Burial (Still-birth) before Registration, but only for burial

11 Child Deaths - Terminology
Foetal Remains (NVF - Non-Viable Foetus) – A child born dead prior to the 24th week of gestation including the product of aborted pregnancy Still Birth – A child that is completely expelled from its mother after 24 weeks of pregnancy and shows no sign of life (The Still-Birth (Definition) Act 1992) Neonatal Death – A child born alive which dies within the first 28 days from birth

12 Child Deaths - Certificates
Foetal Remains (Non-viable Foetus) Certificate of NVF from doctor or midwife Application for Burial or Cremation Crematorium Prelim

13 Child Deaths - Certificates
Stillbirth Certificate of stillbirth from doctor or midwife Cremation Certificate 9 for still born child (instead of 4,5 & 10) Crematorium Application Form 3 (instead of Form 1) Certificate for disposal from the Registrar can be issued before registration but is then only valid for burial Coroner’s certificate after inquest (still-born child)

14 Child Deaths - Certificates
For all other infant/child deaths the certification is the same as for an adult

15 Use the required documents for a funeral
Learning Outcome 1: Assist clients by advising where, when and by whom, a death must be registered Evidence required: Explain to a client the legal requirements and procedure for registering a death in England Wales and NI [or Scotland] Identify the documents required by the registrar in order to register a death and a stillbirth Use the required documents for a funeral

16 Learning Outcome 2: Describe the uses a range of statutory certificates and documents required for burial and cremation Evidence required: Use Registrars certificates in a range of situations Obtain & use Cremation Certificates 4 & 5 Describe the use of certificates issued for a stillbirth

17 Dealing with Sudden Deaths
The role of the Coroner Deaths reportable to H.M. Coroner Post Mortem examinations Inquests The role of the Coroner’s Officer

18 H.M. Coroner – Who are they?
Coroner appointments are governed principally by the Coroners and Justice Act 2009 which came into force on 25 July 2013 There are 96 coroner areas in England and Wales each with a (usually) full-time, salaried senior coroner in charge. There are a few area coroners, usually full-time, in busy coroner areas. But the majority of coroners are assistant coroners Each area will have several assistant coroners as part of the coroner team. Assistant coroners work part-time and are fee paid. They must satisfy the five year judicial appointment eligibility condition (which applies for all judicial posts). Ideally they should also have some medical knowledge and live locally to the coroner area All coroner appointments are made by the local authority for the coroner area and they must be approved by the Chief Coroner (and the Lord Chancellor)

19 H.M. Coroner – Duties To investigate the circumstances of the deaths of all persons whose bodies are lying within his jurisdiction where he has reason to believe that the death was violent, unnatural or of unknown cause To decide whether a post mortem examination is necessary for the purpose of his investigation and, if so to give directions to the appropriate pathologist To hold an inquest, with or without a jury as required under section 8 of the Coroner’s Act 1988 To notify the Registrar of deaths of the findings of the inquest or, if no inquest is held, that a death reported to him does not need to be subject to an inquest

20 H.M. Coroner –Reportable Deaths And now a little quiz!

21 H.M. Coroner –Reportable Deaths

22 H.M. Coroner – Role of the Coroner’s Officer
Take reports of sudden death reportable to the Coroner Commence enquires into the death as required by the Coroner Liaison between NOK, medical personnel, witnesses, police etc. Instruct a doctor to issue a death certificate or perform a post mortem examination Issue Coroner’s forms regarding death registration, funeral arrangements or Inquest Inquest cases - arrange and make enquiries of witness etc. and prepare a file of evidence for the Coroner Arrange and attend inquest cases Organise the running of the court

23 H.M. Coroner – Pathologists
Local Hospital Pathologists Independent Pathologists Specialist Pathologists Paediatric Aviation Home Office Accredited Forensic Pathologist

24 H.M. Coroner – Reason for holding an Inquest
Death due to a violent or unnatural death Sudden death of which the cause is unknown Death in prison or in such a place or in such circumstances as to require an inquest under any other act Death in Police custody Death was caused by accident, poisoning or disease when notice to a government department is required or inspector under the Health and Safety Executive is appointed Death occurred in circumstances, the continuance or possible recurrence of which is prejudicial to the health or safety of the public Coroner’s discretion to hold an inquest

25 H.M. Coroner – Matters to be ascertained at inquest
The proceedings and evidence at an inquest shall be directed solely to ascertaining the following matters, namely - who was deceased was how, when and where the deceased came by his/her death the particulars for the time being required by the Registration Acts to be registered concerning the death Neither the Coroner nor the jury shall express any opinion on any other matters

26 H.M. Coroner – Jury Inquests
Section 8(3) of the Coroners Act 1988 requires the Coroner to sit with a jury in the following cases: Death occurred in prison or such circumstances required by law Death occurred in police custody Death was caused by accident, poisoning or disease when notice to government department is required or inspection under Health and Safety Executive is appointed Death occurred in circumstances, the continuance or possible recurrence of which is prejudicial to the health and safety of the public

27 H.M. Coroner – Jury Composition
Maximum of 11 jurors but not less than 7 Selected from the electoral role (over 18 under 65) Summoned to appear at court Sworn in on oath at the start of the case Coroner can accept a majority verdict if all fail to agree but with the majority must be 9 or more

28 H.M. Coroner – The Verdict
No verdict shall be framed in such a way as to appear to determine any question of – Criminal liability on the part of a named person Civil Liability

29 H.M. Coroner – 14 Categories of verdict
Unlawful killing Lawful killing Suicide Attempted or self - induced abortion Death aggravated by lack of care, of self neglect Dependence on drugs Narrative verdict ( where the circumstances of a death are recorded with a brief free-form conclusion either instead of or in addition to one of the standard Short- Form Conclusions. Introduced in 2004) Non - dependent abuse of drugs Want of attention at birth Industrial Disease Accident or Misadventure Stillborn Natural causes Open verdict Any other verdict

30 H.M. Coroner – Murder, Manslaughter, Infanticide, Death by reckless driving
Where a person has been charged with causing someone’s death e.g. by murder or manslaughter, and has been committed to Crown Court for trial by the Magistrates; Inquest is adjourned until the defendants trial is over Coroner issues a Form 120 to the Registrar of Deaths Death is registered by the Registrar who then issues a death certificate Upon the Crown Court result the Coroner decides whether to resume inquest

31 Learning Outcome 5: Advise on the role of HM Coroner [or Procurator Fiscal] and the Coroner’s officer Evidence required: Explain the role and responsibility of HM Coroner (or Procurator Fiscal) Explain the role of the Coroner’s Officer (learners from England & Wales only) or Coroner’s Liaison Officer in NI

32 Learning Outcome 6: Explain to a client the reasons for Post Mortems, Jury and Non-Jury Inquests
Evidence required: Describe in what circumstances the Coroner [or Procurator Fiscal] may order an autopsy (post mortem examination) Describe in what circumstances the Coroner [or Procurator Fiscal] may order an inquest Explain when a jury inquest may be ordered Use documents obtained after an inquest to permit a funeral

33 Repatriation - Incoming
Does anyone want to outline an incoming repatriation?

34 Repatriation - Incoming
On receipt of First Call Obtain client & deceased’s details Obtain chosen method and location of disposal If transport has been arranged by air obtain arrival airport and airway bill number (This is the only identification recognised by airlines when collecting)

35 Repatriation - Incoming
Informing People You must inform the Coroner for the district in which the deceased will rest, of the impending arrival All deaths abroad must be reported

36 Repatriation - Incoming
Collection from Airports The coffin is liable to be crated – ensure vehicle used is large enough to carry the coffin Airport handling charges will need to be paid at the time of collection Ensure all documents are with the deceased Frequently agents used by insurance companies to carry out collection and deliver to families chosen funeral director

37 Repatriation - Incoming
On receipt of remains at your premises The Coroner will whenever possible, at the earliest opportunity arrange for the remains to be identified by a relative or close friend Caution – Remains could be in a poor state making this impossible. It may be necessary to use other means to identify e.g. passport, jewellery, recent photograph, tattoo, birthmark

38 Repatriation - Incoming
Documentation Submit a copy of all documents received to the Coroner who was initially informed for all cases In some cases it may be necessary to have foreign language documents translated

39 Repatriation - Incoming
Don’t Panic! Once the remains are in the UK everything is then, with some small variations, exactly the same as any other funeral with regard to documents and certificates

40 Repatriation - Incoming
Death by Natural Causes - Burial Take a copy of all documents received with the deceased to the Registrar Obtain Certificate of No-Liability to Register Present to burial authority - this is all you need and replaces the green certificate you would normally have

41 Repatriation - Incoming
Death by any Cause - Cremation HM Coroner will issue Certificate 6 All documents are then submitted to the Medical Referee, just like any other cremation There is no need for a registrars cert of no liability

42 Repatriation - Incoming
Coroner requests Post Mortem and/or inquest If a post mortem only is held obtain Registrar’s Cert. Of No Liability If an inquest is held Coroner will issue a Form 101 Order for Burial Just like any other coroner’s case

43 Repatriation - Outgoing
Any suggestions?

44 Repatriation - Outgoing
First Call Notify the Coroner for the area in which the deceased lies that you intend to remove a body out of England & Wales This must be done on Form 104 and send Registrar’s Certificate for Burial or Cremation – if issued

45 Repatriation - Outgoing
Coroner’s Permission to move The prescribed period that must elapse after receipt by the Coroner is 4 clear days unless he/she acknowledges no further enquiries need to be made In case of urgency, personal attendance to the Coroner providing full information and no necessity for further enquiry can reduce the 4 day wait

46 Repatriation - Outgoing
Coroner’s Acknowledgement The Coroner acknowledges on Form 103 Once received the body may be removed at any time by the person to whom it is addressed

47 Repatriation - Outgoing
Contacting the Consulate of Receiving Country Ascertain documentation required Whether permission from receiving burial authority is required Coffining of remains (including attendance during the above for the application of seals)

48 Repatriation - Outgoing
Normal Cases – Documents Required Coroner’s form 103 (out of England & Wales) Certified Copy of an entry from registrar Consular permission Free from Infection – issued by Doctor Area free from infection – issued by Public Health England Embalming certificate Funeral director’s declaration Passport of deceased Route details

49 Repatriation - Outgoing
Exhumed Bodies– Documents Required In addition to the documents for normal cases the following may be required Copy of Licence to Exhume Acceptance letter in principle of carrier Acceptance letter from receiving burial authority Don’t worry – this is only once in a blue moon!

50 Repatriation - Outgoing
You need to check with the receiving country and your shipping agent as to: Packing Whether a need for coffin to have a hermitically-sealed zinc lined coffin Whether coffin should be crated or hessian wrapped Embalming Embalming may not be a universal requirement however, to avoid unpleasant conditions during transit and on arrival, it should be considered as essential

51 Repatriation - Outgoing
Size Overall size of the final package should be cleared to ensure its acceptability Documents Retain a copy of all documents then hand originals to the shipping agent A second set of copies should be firmly fixed to the outside of the packed coffin/casket as in the event of originals getting lost identity & destination can still be ascertained Payment On arrival at the airport payment will need to be paid Ascertain fees prior to departure

52 Repatriation - Outgoing
Cremated Remains – Documents Required The normal requirements are: Certificate of Cremation Certified Copy of an Entry from Registrar Funeral Director’s Declaration Some countries treat cremated remains exactly as a body. Contact the Consulate to inquire of any special requirements

53 Death Occurring at Sea On British ships the Ship’s Master (Captain) must record all facts in the ship’s log These facts are reported on arrival in any UK port to the Registrar General of Shipping & Seamen in Cardiff who has responsibility for registering the death The Coroner in the area where the ship will dock must be informed The body will then be in the care of that Coroner Unless the Master decides that the body should be disposed of immediately (at sea) for health reasons – but now uncommon as refrigeration available Procedure then as for deaths abroad – a “Certificate of no liability to register “ issued in sub-district where disposal taking place

54 Learning Outcome 3: Describe the procedures for importing and exporting human remains
Evidence required: Describe the use of Certificates required for transporting remains out of England Wales and NI [or Scotland] Give examples of all necessary documents required for importing remains Explain procedures for transporting remains

55 Learning Outcome 4: Advise a client on the requirements and procedure for registering deaths occurring outside of England, Wales, Northern Ireland or Scotland Evidence required: Describe the documents required by the registrar when a death has occurred outside of England Wales and NI [or Scotland] Understand the legal requirements and procedure for registering deaths occurring outside of England and Wales Describe the procedure for registering a death occurring at sea

56 Phew!!!!! Any questions?


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