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5 minute read
On 9 September 2024, there were some changes to the regulations surrounding death registration in England and Wales. They are nothing to worry about, but the changes have impacted the funeral-arranging process. We wanted to put together a short article explaining the key changes that matter to you.
We will provide you with some background on the regulations, and answer such questions as ‘Who is the medical examiner?’. We hope you find it useful.
On 9 September 2024 the most significant change in fifty years to the death-certification process in England and Wales was made. The regulations were improved after several reports highlighted the need for change.
The good news is that the new regulations will simplify the certification process. And, if we are organising a loved one’s funeral, they will help to prevent any potential distress that we can experience through unreasonable and unnecessary delay.
For those of us organising a funeral for someone, the main change in the process relates to the role of the ‘Medical Examiner’.
The ‘Medical Examiner’ is a senior doctor with two main responsibilities: When someone dies, they are typically given a ‘cause of death’ by the doctor who attended them. The Medical Examiner needs to check that this cause of death is correct. They also need to help the doctors to look for any potential issues with the care that the person received before they died.
The loved ones and close friends of those who’ve died can also ask the Medical Examiner their own questions about the cause of death, or raise concerns themselves about the standard of care that was given if they need to.
In the old system, before we could register a death (assuming that a coroner wasn’t involved, which had a different process), a form called the Medical Certificate of Cause of Death (MCCD) would have needed to be sent to the registrar. The doctor attending the person who has died would send this form to the registrar, either directly themselves, or via the person’s next-of-kin.
In the new system, it’s much simpler: the Medical Examiner will let the registrar know when the death can be registered. This is a really important step because, without this registration process, the funeral can’t legally go ahead.
When someone died under the old system, either a doctor who attended them, or a coroner, needed to complete some paperwork which would then be sent to the crematorium. This was to ensure that the cause of the person’s death was reasonable and accurate, and to rule out any suspicious circumstances before their cremation or burial took place.
Historically, a doctor who looked after the person during their last illness was able to issue the MCCD explaining the cause of death. But, if the doctor had not seen the person within the last 28 days of their life, then they would have needed to refer the death to the coroner. This is where a lot of possible difficulty and hassle could come in for bereaved families.
Now, with the new changes, any doctor who looked after the person who has died in their lifetime can issue the MCCD, regardless of whether they’ve seen them in the last 28 days of their life. They can even propose a cause of death where it is appropriate, but, if they do so, it will be scrutinised by the Medical Examiner. Where there is no doctor who knew the person who can give the MCCD, then the Medical Examiner themselves, after careful scrutiny of medical records, can step in and do so.
The main advantage to us with the new system is that it ensures that deaths aren’t referred to the coroner unnecessarily, which is an important change. If we are arranging the funeral of a loved one and their cause of death is referred to the coroner, it can be distressing and can cause delays even where no action is taken.
It also rules out the possibility of delays arising from not being able to find a doctor who knew the person in their lifetime, since the Medical Examiner now issues the MCCD themselves.
However, please remember that, if there are suspicions around how someone has died, or if their death requires further enquiry, the coroner is still able to open an investigation.
Another positive change for us with the new regulations concerns a different aspect of the required paperwork. Previously, a doctor would need to complete some of the cremation paperwork themselves before the cremation took place.
Doctors charged £82 to complete this paperwork, and there were restrictions surrounding which doctor was able to do it. This sometimes led to funerals being delayed and resulted in an additional cost incurred for the family.
Now, this paperwork is no longer required prior to cremation. Not only does this make the process quicker, but it means there is also one less thing for the family to pay for.
We hope that you have found this short explanation of the changes to the regulations useful. If you’re currently organising a funeral for a loved one, we want you to feel as comfortable and as informed as possible. Please remember that you can always call our Angel team if you have any questions with the required admin; they’re here to support as much as is needed.
