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Learning Outcome Assist clients by advising where, when and by whom, a death must be registered. Criteria for Assessment 1.1 1.2 1.3 Explain to a client the legal requirements and procedure for registering a death in England and Wales. Identify the documents required by the registrar in order to register a death and a stillbirth. Use the required documents for a funeral
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It’s the law REGISTRATION -WHY? DUTY TO REGISTER A DEATH.
Births & Deaths Registration Act 1953
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REGISTRATION WHERE? IN THE SUB DISTRICT WHERE THE DEATH OCCURRED.
IN SOME CIRCUMSTANCES THE REGISTRAR WILL GIVE PERMISSION TO REGISTER THE DEATH IN ANOTHER DISTRICT.
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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
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REGISTRATION - WHO? A person who was present when death occurred
The Administrative Officer of a Hospital or Nursing Home The Person instructing the Funeral Director
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Unless an exception applies
REGISTRATION - WHEN? Within 5 Days of death Unless an exception applies
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REGISTRATION - WHAT? (Documents and Information)
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.
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REGISTRATION - WHAT? (Documents and Information)
Medical Certificate of cause of death (or confirmation that Coroner’s form 100 has been received by the Registrar) Birth Certificate and/or Marriage Certificate (if available)
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REGISTRATION - WHAT? (Documents and Information)
For married women, Maiden name and Occupation of Husband Costs nothing to Register, but additional certified copies cost £3.50 each
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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.
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REGISTRATION EXCEPTIONS
When a death has occurred outside of England and Wales. The registrar will then issue a certificate of no liability to register.
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REGISTRATION EXCEPTIONS
When a death has been reported to the coroner and an autopsy performed, Registration must take place within 14 days of the Registrar receiving notification from Coroner (Form 100B)
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REGISTRATION EXCEPTIONS
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
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Learning Outcome Describe the uses a range of statutory certificates and documents required for burial and cremation Criteria for Assessment 2.1 2.2 2.3 Use Registrars certificates in a range of situations Obtain & use Cremation certificates 4 & 5 Describe the use of Certificates issued for a stillbirth
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Death of a child-terminology
POC – product of conception – very early foetus Foetal Remains (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.
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CHILD DEATHS Certificates
FOETAL REMAINS/ NON-VIABLE FOETUS/POC Certificate of NVF from doctor or midwife Application for burial or Cremation Crematorium Prelim
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CHILD DEATHS Certificates STILL-BIRTH
Certificate of stillbirth from doctor or midwife Cremation Certificate 9 for still born child Crematorium Application Form 3 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)
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Learning Outcome Advise a client on the role of the H.M. Coroner and the Coroner’s Officer Criteria for Assessment 5.1 5.2 Arrange and use documentation from Coroner’s Officer for a funeral Explain the role of the Coroner’s Officer.
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Dealing with Sudden Deaths
Coroner Service Dealing with Sudden Deaths
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Coroner Service The Role of the Coroner
Presentation content The Role of the Coroner Deaths reportable to H.M. Coroner Post Mortem examinations Inquests The Role of the Coroner’s Officer
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Who are Coroners? A Coroner is an Independent Judicial Officer appointed by the Local Authority and ratified by the department for Constitutional Affairs. Qualifications required Solicitor, Barrister or Medical Practitioner with 5 years standing. The office dates back to the reign of Richard I in 1194 136 Coroners in England and Wales
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Duties of a Coroner 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.
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Deaths reportable to HM Coroner
Death within 24 hrs of admission into hospital Sudden infant death Drugs/poison Transport accidents Doctor not in attendance Deaths during operations, anaesthetic or surgical procedures Sudden unexpected death homicide Industrial accidents suicide Deaths abroad of British Citizens Acute alcohol poisoning Bone fracture within 3 months of death Industrial disease Deaths reportable to HM Coroner
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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.
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Pathologists Local Hospital Pathologists Independent Pathologists
Specialist Pathologists (Paediatric, Aviation) Home Office Accredited Forensic Pathologist
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Learning Outcome Explain to a client the reasons for Autopsies, Jury and non-Jury inquests Criteria for Assessment 6.1 6.2 6.3 6.4 Describe in what circumstances the Coroner may order an autopsy Describe in what circumstances the Coroner may order an inquest. Explain when a jury inquest may be ordered. Use documents obtained after an inquest to permit a funeral
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Reasons 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.
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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.
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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.
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Composition of the Jury
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 10 to 2 majority verdict if all fail to agree.
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The Verdict Rule 42 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, or Civil Liability.
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There are 14 categories of verdict available to the Coroner, namely: -
Unlawful killing. Lawful killing Suicide Attempted or self - induced abortion. Death aggravated by lack of care, of self neglect. Dependence on drugs. Non - dependent abuse of drugs Want of attention at birth. Industrial Disease. Accident or Misadventure. Stillborn. Natural causes Open verdict Any other verdict
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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.
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Repatriation
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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)
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Informing People You must inform the Coroner for the district in which the deceased will be disposed, of the impending arrival. All deaths abroad must be reported. There is no longer a requirement to obtain documents from the Home Office.
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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.
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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, birthmark
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Documentation Submit a copy of all documents received to the Coroner who was initially informed for all cases.
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No worries! 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.
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Death by Natural Causes
Disposal By 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.
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Death by any Cause Disposal By 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
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Coroner Requests Post Mortem and/or Inquest
Disposal By Burial 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.
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Learning Outcome Describe the procedures for importing and exporting human remains Criteria for Assessment 3.1 3.2 3.3 Describe the use of Certificates required for transporting remains out of England and Wales Give examples of all necessary documents required for importing remains Explain procedures for transporting remains.
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Learning Outcome Advise a client on the requirements and procedure for registering deaths occurring outside of England and Wales Criteria for Assessment 4.1 4.2 Identify the documents required by the Registrar when a death has occurred outside of England and Wales. 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.
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Repatriation Exportation
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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.
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Coroner’s Permission to move
The prescribed period that must elapse after receipt by the Coroner is 4 clear days. Unless he 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.
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Coroner’s Acknowledgement
The Coroner acknowledges on Form Once received the body may be removed at any time by the person to whom it is addressed.
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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)
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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 Embalming Certificate Funeral Director’s Declaration Passport of deceased Route details
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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
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Cremated Remains Documents Required
The normal requirements are: Certificate of Cremation Certified Copy of an Entry from Registrar Funeral Director’s Declaration H.M. Customs Declaration Some countries treat Cremated Remains exactly as a body. Contact the Consulate to inquire of any special requirements.
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Their requirements and regulations
Shipping Agents Their requirements and regulations
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Shipping Agent will have their own requirements for Packing Embalming
Size Documents Payment
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1.Packing Whether a need for coffin to have a hermitically-sealed zinc lining Whether coffin should be crated or hessian wrapped
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2.Embalming Embalming may not be a universal requirement
However, to avoid unpleasant conditions during transit and on arrival it should be considered as essential
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3.Size Overall size of the final package should
be cleared to ensure its acceptability
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4.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. In the event originals are lost, identity & destination can still be ascertained.
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5. Payment On arrival at the airport payment will
need to be paid. Ascertain fees prior to departure
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