Local Registration Services Association Conference on 13 November

Local Registration Services Association Conference on 13 November 2013 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 creating a safe, just and democratic society

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

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

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.

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.

What else happened when the 2009 Act came into effect • The Chief Coroner issued guidance to coroners • All guidance on www. judiciary. gov. uk/about-the-judiciary/office-chief-coroner • Mo. J issued guidance to LAs on the new system – including on new appointments and mergers • IRIS changes happened…. .

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

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

What the Mo. J 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.

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

Local authority interests / concerns Any questions – either for us to answer now or take away? Elizabeth Knapp (elizabeth. knapp@justice. gsi. gov. uk; 0203 334 6399 Judith Bernstein judith. bernstein@justice. gsi. gov. uk; 020 3334 6407 Richard Mason richard. mason 3@justice. gsi. gov. uk; 020 3334 6068