Evidence submitted by the Society of Local
Authority Chief Executives and Senior Managers (SOLACE)
ABOUT SOLACE
SOLACE (Society of Local Authority Chief Executives
and Senior Managers) is the representative body for senior strategic
managers working in the public sector. Through its policy and
professional development activities, the Society promotes excellence
in public service. Its commercial arm, SOLACE Enterprises, provides
high quality, customer-focused and practical support to local
government and the public and voluntary sectors, both in the UK
and internationally. The SOLACE Foundation carries out educational
and other work which falls within the charitable aspects of the
Society's objectives.
INTRODUCTION
1. The Society of Local Authorities Chief
Executives and Senior Managers ("SOLACE") represents
the interest of Chief Executives and Senior Officers in England
and Wales.
Members of SOLACE have special interest in the
quality of services delivered to the community.
2. The Local authorities have a role to
play in the coroners' system and death certification as they manage
Register Offices of Births, Marriages and Deaths. Local authorities
also appoint coroners and through a consortium of local authorities
fund coronial districts.
PERCEIVED FAILINGS
IN THE
CURRENT SYSTEM
3. The proposed reform by the Government
is welcomed by SOLACE. As every aspect of service delivery by
local government has been modernised and continues to innovate
in the way services are provided to the community, the coroner
service lags behind.
4. SOLACE would endorse the Government's
view that the service provided for bereaved families and others
must be improved.
5. The inquest system has in many respects
been ineffective and has led to numerous judicial challenges and
public campaigns by families who feel let down by the system.
Public confidence in the system is extremely low. The systems
seem rather remote from the community.
6. The coroners' system is arcane, unfriendly
and not easily accessible to bereaved families. The system is
shrouded in near secrecy in the absence of transparency and accountability.
7. Very few bereaved families know anything
about the coroners' system before they themselves have to use
it. There is little information in the public domain about how
the system works. Whilst local authorities do fund the coroner
courts, they also have very limited information about the service
to make available to the community.
8. There is no real partnership between
local authorities and coroners. Neither do local authorities have
genuine management responsibilities for coroners. We agree fundamentally
with the LGA's point that that as long as the ultimate power to
`hire and fire' remains with the Lord Chancellor then there is
a serious accountability gap in the coroners' service. Councils
will pay the bills but have no control over performance and policy.
9. Bereaved families have often complained
about the lack of information about the coroners' service and
effective support from the coroners' service. Very often bereaved
families feel remote from the system and find they become frustrated
in the absence of transparency and clarity about what they can
expect from the system.
10. Local authorities are equally frustrated
about having to fund a service that is costly and which they have
little control over in terms of the quality of service provided
to the community.
Local authorities are required to fund coroners'
courts but cannot direct how the service is provided or discipline
a coroner for failing to provide an adequate service.
PROPOSED REFORM
11. A BETTER
SERVICE FOR
BEREAVED PEOPLE
This proposal is welcomed by SOLACE.
— The proposal to provide bereaved
people with better opportunities to raise concerns is a positive
step.
Currently bereaved people do not have mechanism
for raising concerns other than to take legal action. This is
in contrast with local government services for example where the
community can complain internally and if they remain dissatisfied
they can complain to the Ombudsman.
— The proposal to give bereaved families
clear legal standing in the coroner's investigation and processes
would be a radical move to show greater transparency in the system
and make it more accessible. Bereaved families feel disengaged
from the system and few feel that they have any legal rights at
all to question how the system should work for them.
— The proposed coroners' charter for
bereaved people will demonstrate that the service is a modern
one, which takes into consideration the needs of its users. This
will also be in line with the significant progress made by local
authorities to provide a high quality service to the public. For
example, local authorities have Community Strategies, Business
Plans, Local Strategic Partnerships and Local Area Agreements,
all aimed at providing quality services to the community. In developing
such a charter, like local authorities do, the public must be
consulted.
— It is agreed that by setting out
guidelines and standards to ensure an effective response in cases
of sudden and unexpected deaths, this will help improve the relationship
between bereaved families and coroners. Better understanding of
the cause and circumstances of deaths may remove the suspicion
and frustration felt by bereaved families.
— The proposed closer involvement of
bereaved families by, for example, informing and consulting them
about post-mortems and other aspects of investigations and their
opportunities for involvement in the inquest will significantly
improve public confidence in the coroners' system.
— The proposed right to seek a review
of coroners' decisions will be an important improvement to the
service and in line with the Human Rights Act.
— It is agreed that better information
and support and bereavement services would enhance the quality
of the coroners' system further. At present many families have
to research for such services independently when it should be
readily available through the coroners' service.
12. AVOIDING
UNNECESSARY INQUESTS
— It is accepted that in certain cases
where the causing of death is both obvious and very distressing,
bereaved families should not routinely be put through an inquest.
In such circumstances, the system should be sufficiently flexible
to enable a coroner and the family to reach agreement that an
inquest is not necessary. An example of such a case would be certain
suicide where there is no doubt that the deceased had taken their
own life. In these circumstances the proposal that the coroner
will investigate and publish a report and avoid a public hearing
is welcomed. It is essential that the bereaved family's views
are taken into consideration before making a final decision on
the best approach to the situation.
— It is agreed that the duty to inquire
into deaths that are over 50 years old should be removed.
13. NATIONAL
LEADERSHIP, NATIONAL
STANDARDS
The proposed Chief Coroner with a small team
to run the coroners' service will be an important step. Such a
service will perform an important function in leading the service.
Whilst local authorities have been concerned with over regulation
of locally provided services, the proposed audits and inspections
of coroners' service is necessary to bring the service up to standard
very quickly.
— The proposed monitoring arrangements,
governance and setting up of an Advisory Coronial Council are
welcomed.
14. FULL TIME
CORONERS
SOLACE agrees that coroners should be appointed
on a full-time basis. They should operate in line with national
guidance and respond to the needs of bereaved families and also
take into consideration cultural sensitivities in the community
they serve.
Whilst it is proposed to engage one coroner
for counties and two or more for metropolitan areas, SOLACE would
urge the government to determine the numbers required following
careful assessment of the workloads. If the service is to improve
and become responsive it must be adequately resourced. At least
there should be sufficient numbers of trained and experienced
assistant coroners to support the full time coroners.
15. LOCAL AS
WELL AS
NATIONAL ACCOUNTABILITY
SOLACE is of the view that local authorities
should either have full control over the coroners' system operating
in their area or the Government should set up an independent body
for coroners. The existing hybrid arrangement between local authorities
and the Government is unworkable and dilutes the governance and
management arrangements.
The body responsible for appointing Chief Coroners
and Assistant Coroners should also be responsible for appointing
Coroners' Officers. The three-way arrangement between local authorities,
Government and the police is a recipe for disaster and that has
been the main cause of the lack of progress in achieving a modern
coroners' service. Leadership and accountability for the service
must rest with one body.
16. IMPROVED
INVESTIGATIONS AND
INQUESTS
SOLACE would welcome published criteria for
deaths, which should be reported to, and investigated by, coroners.
Bereaved families may find this useful when faced with sudden
or uncertain deaths. Furthermore building in flexibility into
the system rather than the current restrictions will be essential
to a modern service.
— Bereavement is one of the most challenging
experiences for people and being involved in the various stages
of an investigation by a coroner is part of the healing process.
People like to feel in control, involved and supported. By excluding
bereaved families from the process they will find the service
to be an uncaring and remote.
— The proposal to appoint judges or
Counsel to particularly complex inquest is welcomed. Consideration
should also be given to providing similar support to bereaved
families through public funding of inquests.
17. CONCLUSIONS
a. SOLACE welcomes the proposed reform of
the coroners' systems.
b. The proposed reform should be expedited
as such reform is long overdue and in the interim the public continues
to receive a costly but sub-standard service in some cases.
c. Bereaved families should have greater
involvement and a voice in the process.
d. Local authorities should have full control
of the coroners' system. Alternatively they should be fully integrated
with the DCA's judicial system or under an independent body.
e. A national Chief Coroners' body should
be set up to regulate and inspect the service.
f. The service should receive adequate funding.
g. Public funding should be made available
for families who have to attend inquests, particularly in complex
cases.
SOLACE
May 2006
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