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Local Registration Services Association Conference on 13 November The Coroners and Justice Act 2009 – 4 months since implementation Richard Mason Deputy Director for Civil Justice, Administrative Justice, Coroners, Burials, Cremations and Inquiries 13 November 2013 Title slide of presentation.
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What happened in July The package of coroner reforms in the Coroners and Justice Act 2009 went live on 25 July 2013. Its aim is to put bereaved people at the heart of a coroner investigation. It comprised: The relevant parts of the 2009 Act itself Rules on how coroners should conduct inquests Regulations on all non-inquest aspects of a coroner’s investigation Fee regulations Coroner area orders
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The 2009 Act – what it means Main changes under the 2009 Act:
New terminology – including new concept of ‘investigations’ into deaths and ‘conclusion’ rather than ‘verdict’ Chief Coroner providing national oversight and leadership Greater flexibility – on where post-mortem examinations and inquests held New ‘coroner areas’ – and mergers Changes to coroner titles and appointments Statutory guidance on how the system will operate in relation to bereaved people New coroner powers – including power to require evidence to be given/produced and accompanying new offences
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Spring consultation – changes to rules
Thank you for your engagement with us during the consultation period. We listened and made changes to the rules….. Proposed 3 month target to finish inquest replaced with a 6 month one. Removed need to give one month’s notice of inquest. No need for all inquest openings and pre-inquest review hearings to be held in public.
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Spring consultation – changes to regulations
….and we made changes to the regulations No need to open an inquest to release a body. Prevention of Future Death reports – proposed one month deadline for response replaced with 56 day deadline. Enabled a reasonable transcript fee to be charged.
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What else happened when the 2009 Act came into effect
The Chief Coroner issued guidance to coroners All guidance on MoJ issued guidance to LAs on the new system – including on new appointments and mergers IRIS changes happened…..
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Impact on Local Authorities part 1
Reforms were designed to be cost-neutral and impose no new burdens on local authorities. Some LAs have raised concerns in particular about the following: 6 month ‘time limit’ for holding inquests Notification of inquest arrangements All inquest hearings to be opened / held in public
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Impact on Local Authorities part 2
Some other local authority concerns: Greater use of advance disclosure Inquests to be recorded Case management – including investigations taking over a year
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What the MoJ coroner team is doing now
Listening to concerns and answering queries about the new system – from coroners, local authorities, medical referees, registrars and the public Working with LAs on coroner appointments and mergers of coroner areas Liaising with IRIS about issues that need resolving and improvements that are needed Attending LA regional meetings which we know about – Southern and Midland – and open to attending more Dealing with the team’s other responsibiltities – exhumations, churchyard closures, medical referees, inquiries.
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What is still to come New Guide to Coroner Services – to replace the current Guide and Charter – end of the year / early new year Making legal executives (Fellows of the Chartered Institute for Legal Executives) eligible to apply to be coroners – end of the year Chief Coroner’s first full annual report to Parliament – July 2014 Department of Health’s death certification reforms – planned for late 2014? Review of the impact of the coroner reforms – 18 months after implementation – early 2015
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Local authority interests / concerns
Any questions – either for us to answer now or take away? Elizabeth Knapp Judith Bernstein Richard Mason
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