Annex
Draft Charter for bereaved people who come into
contact with a reformed coroner system (Ministry of Justice, 14
January 2009)
35. The objectives of the coroner system in relation
to bereaved people, as set out in the draft Charter[27],
are to:
- help bereaved people understand
the cause of the death of the person who has died;
- inform bereaved people about the role, powers
and procedures of the coroner and their own rights and responsibilities
in the event of a coroner's investigation;
- take account, where possible, of individual,
family, and community wishes, feelings and expectations, including
family and community preferences, traditions and religious requirements
relating to mourning and to funerals, and respect for individual
and family privacy;
- keep bereaved people informed and consulted in
a sensitive manner during the investigation process and to help
them to find further help when necessary;
- explain, on request, why the coroner intends
to take no further action in a particular case; and
- provide information about how bereaved people
may appeal against, or complain about, a coroner's decisions and
respond to such appeals and complaints as specified by the Chief
Coroner.
Throughout the Charter, coroners are placed under
a responsibility to inform the families of relevant decisions
and applicable procedures, explain such decisions and procedures
and provide information (such as reports of post-mortems)
in a timely fashion. The responsibilities of the family of the
deceased are also set out.
There appear to be three levels in the formal relationship
between bereaved people and the reformed coroner system, in relation
to different procedures:
The family's consent is required for:
- the release of more than outline
details of specific current cases to the media
- the release of relevant photographs to the media
in any circumstances
- retention of the body by the coroner once not
required for the coroner's purposes (except in "exceptional"
circumstances)
The family's views must be taken into account
(formally):
- on the timing of the inquest
The family has a right of appeal (to the Chief
Coroner) against a decision:
- not to conduct a post-mortem
- to conduct a second post-mortem of the same type
as one previously commissioned
- on whether to commence, or resume, a coroner's
investigation
- to discontinue an investigation before an inquest
- on whether an inquest will be held with a jury
- in relation to the decision given at the end
of an inquest
- to retain the body in exceptional circumstances
for more than 30 days
In addition provision is made for, or reference made
to: the availability of information on bereavement support services;
the setting and monitoring of, and reporting on, performance against
national standards; the making of complaints; and the giving of
other forms of feedback.
27 Ministry of Justice, Draft Charter for bereaved
people who come into contact with a reformed coroner system,
January 2009 (www.justice.gov.uk/docs/charter-bereaved.pdf) Back
|
