Evidence submitted by Victor Round, Honorary
Secretary, The Coroners' Society of England and Wales
INITIAL RESPONSE
TO THE
DRAFT CORONERS
BILL 2006
We welcome the publication of the draft Coroners'
Bill. We believe that this provides a foundation upon which to
develop a modern coroners' service. The draft Bill, which has
taken on board many of our concerns, gives us a framework to work
with. On the credit side it recognises that coroners need adequate
powers to carry out investigations, and to obtain evidence.
Coroners have served our society since 1194.
The last major reform of the coroners jurisdiction was in 1887
(there was some reform in 1926). There has been much analysis
of the coroners system over the years, but even so the system
has been neglected. Nevertheless we do whatever we can to provide
a personal, sympathetic and independent service in our neighbourhoods.
Our jurisdictions are local judicial services, relying on the
infrastructure and resources available from the local authority.
There has been little national guidance and support.
Over many years, but particularly in the past
six years or so, the coroners' services have become blighted.
Some local authorities and police authorities have not made adequate
provision for a coroner's service and as a result many coroners
are working with inadequate court facilities, offices and support.
Some authorities have, however fully recognised their responsibility
and the importance of the coroner's work to the local community.
It is not surprising that there is a perception of a postcode
lottery as to resources available to coroners: effectively it
exists.
The importance of the coroners' work is that
we support the bereaved and all affected by sudden or unnatural
death by searching for the true circumstances of what has happened.
This is for the benefit of society and the bereaved.
The draft Bill retains local ties in that local
authorities will still fund the service, and will have to provide
accommodation. Nevertheless it must be recognized that the reduced
number of jurisdictions will reduce the present local nature of
the service delivery.
We welcome national leadership through a Chief
Coroner.
The regulations and practice directions under
the future Act will be Informed through advice from the Coronial
Advisory Council. This is most helpful, as it will build on experience
and keep moving the service forwards.
The Bill provides for a right of appeal to the
Chief Coroner. It was always unfair that challenge could only
be made through expensive applications to the High Court but the
new appeal system must be efficient, affordable and expeditious.
The fast track appeals system has merits but we worry that it
has not been thought through fully and may have immense resource
implications that have not been accounted for.
Under the present system most coroners are part-time.
Whilst they are available to carry out coronial duties at all
times, in between the demands of the coroners responsibility,
they work (mainly) as solicitors. In many jurisdictions their
legal practices subsidise the coroner's service. Part-time coroners
have provided excellent public service over many centuries. The
Bill enables us to retain their invaluable experience and expertise.
Careful transitional arrangements will be very
important to ensure that a service continues while the new infrastructure
is developed. These arrangements must ensure that the experienced
coroners and their staff are encouraged to remain at their posts
rather than seeking work elsewhere. The service has been neglected
and blighted for too long and now is the time to invest and build.
The Importance of Coroner's Officers in all
this is still not adequately recognised. They are at the front
line of bereavement care; they must have a proper career structure
and access to training and continuing education. The new powers
of investigation will be of little use if the investigators are
not trained. The Chief Coroner will set standards but it is for
local authorities and police authorities to ensure those standards
are achievable, by preceding to resource them.
The Society would like to acknowledge the enthusiasm
and hard, work of Paul Goggins MP, Robert Clifford and Judith
Cooke and their staff at the Home Office before the transfer to
the DCA. The work they oversaw has underpinned the recent work
of the DCA.
This draft Bill has been long awaited and now
it has arrived the work starts. The crucial workings and plans
will be detailed in the Rules, Regulations and Practice directions
but we congratulate the Minister and the team in the DCA Coroners
Division for laying these foundations for the future.
The fine details still have to be decided. The
Bill's broad brush approach gives us something to work with and
we will do our best to achieve an efficient, effective and humane
system, which seeks the truth, and allays fears.
But everything will depend on resources,
It is a big but ...
Victor Round
Hon Secretary
The Coroners' Society of England and Wales
June 2006
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