Written evidence from Board of Deputies of British Jews Introduction The Board of Deputies of British Jews is the democratic and representative body for the UK’s Jewish community. We are the first port of call for Government, the media and others seeking to understand the Jewish community’s interests and concerns. The post-death legal system, and care for bereaved families, is a perennial concern for the Jewish community, given how increased referrals to the Coroners in recent decades have had the capacity to interfere with Jewish burial and mourning traditions. Therefore, by way of background, we have included in this submission: Board of Deputies’ proposals from April 2018 that made recommendations as to reforms of the Coroner system The Board of Deputies submission to the All Party Parliamentary Group for Funerals and Bereavement June 2014 investigation into delays between death and burial or cremation. These two documents outline reforms that, in the view of the Board of Deputies of British Jews, would ensure a post-death legal system which was much more faith sensitive. However, to focus on the particular questions the inquiry has posed, it should be made clear that the Jewish community has excellent relations with the vast majority of Coroners, who accommodate the requirements of the Jewish community, especially in regard to early release of bodies and non- invasive autopsy. This is almost entirely due to the building up of individual relationships - there is very little systemic guarantee of such provision. Hence, when a Coroner does not wish to accommodate the needs of a local Jewish community, there appears to be little that can be done. The fact that this is not a systemic failure but a particular failure, resulting from the particular quirks of a given local Coroner service, results in a loss of confidence in the system as a whole. If a faith- sensitive service is dependent on which individual happens to be appointed as a Senior Coroner for an area, then the Jewish community has no guarantee that as Coroners are replaced or the Jewish population migrates to new areas, these problems will not reoccur. While the Jewish community understands and supports the need for Judicial Independence concerning Coroner decisions, it is difficult to understand the need for independence relating to matters of process. Such matters of process, which would not appear to have any material impact on the coronial decision, include: The order in which cases are taken Where the Coroner enquires of the relevant medical examiner as to the need for any further investigation, and thus for retention of the body. Whether any autopsy required is invasive or non-invasive In these process-related elements, the Board of Deputies would welcome a national Coroner decision making protocol for which Coroners should report their compliance, and which would be potentially enforceable. The Jewish community has had an overwhelming positive experience of working with Coroners during the Covid pandemic. However, unfortunately isolated incidents have occurred, involving invasive autopsy and delayed release of bodies which have required intervention. The rollout of medical examiners gives an opportunity for a much better service for the bereaved. Communication should establish whether the body requires to be held for further investigation, and whether an autopsy is required. Hopefully, if one is required then the medical examiner should have laid the groundwork for handling the deceased’s body in accordance with our traditional practices, i.e. non-invasive in the first instance, and in compliance with the law. The Coroner should then be involved in the decision making process. For this purpose the legal status of the medical examiner, and their code of practice, needs to be resolved through legislation as soon as possible. Please see the two documents mentioned above and attached below, for more information on the Board of Deputies’ approach to Coroner issues. September 2020 Further written evidence from Board of Deputies of British Jews The Board of Deputies understands that it is possible to make a short late submission to the Committee’s Inquiry into Coroner Services. We are grateful for this opportunity and are taking it up by this correspondence. The central policy challenge of Coroner Services, as perceived by the Board of Deputies, is how to reconcile a level of accountability that will drive improvements in performance with judicial independence. For the Jewish community, the elements of performance that are of most concern are: Good communication The timely release of bodies where it is important for religious traditions; and Co-operation over non-invasive autopsy where appropriate. In addition, the Board of Deputies would appreciate the Committee investigating the potential efficacy of placing a ‘Duty of Care’ upon coroners and medical examiners. The concept of a ‘Duty of Care’ is currently present in several public services, including healthcare, social care and education. Its applicability in this situation rests on the concept that coroners – and medical examiners – do not just serve the wider community in general, but also the bereaved family, in establishing cause of death. And since they serve the bereaved family, coroners owe a duty of care towards them in minimising their distress, by, for example, good communication, swift release of the body when requested and a faith-sensitive approach to autopsy. The Board of Deputies holds this to be a worthwhile line of investigation for the committee in its deliberation as to improving the coroner service and would be appreciative if it looked into this matter. 24 September 2020 CORONER ACCOUNTABILITY REFORM PROPOSALS 10 APRIL 2018 Summary The Board of Deputies of British upholds, as basic principles, respect for the law of the land and the independent decision-making of judicial officers such as Coroners. The vast majority of Coroners work with the Jewish community to ensure that the community can practice its religious traditions around death and mourning rites. Unfortunately, one Coroner area, Inner North London, which serves thousands of Jewish families, has failed to work with the Jewish community, despite this involving non-compliance with the Chief Coroner’s guidelines and offers of assistance from the local authority to do so. However, there is very little accountability for a Coroner who contravenes the Chief Coroners’ guidelines in general or obstructs the religious freedom of the residents they serve. The Board of Deputies provisionally recommends a system of reporting by Coroner services on their processes, with sanctions for those that fail to meet minimum standards. These recommendations are intended as an example of how greater accountability could work. What is important for the Board of Deputies is that some accountability is injected into the system, not its exact form. Introduction Since its foundation, the Board of Deputies of British Jews has upheld the Jewish precept of “respect for the law of the land”. In England and Wales this has always included the utmost respect for Coroners, as valuable officers who play an important legal role in protecting the public. Coroner independence in decision-making is recognised by the Jewish community as a much-valued and respected asset. In Scotland, the independence of the Procurator-Fiscal is highly respected. In parallel with this, in most instances Coroners have shown considerable respect for the specific sensitivities of Jewish tradition and practice surrounding death, burial and bereavement. This includes: Respect after death for the body of the deceased; Avoidance of unnecessary autopsy; Burial as soon as possible, preferably within 24 hours of death; and Respect for Jewish bereavement practices. The implications of these practices are that: Care and handling of the body should, as far as possible, be in hands of Jewish community volunteers; Burial arrangements (the majority of Jews bury rather than cremate) are handled by Jewish burial societies; Autopsies should be as minimally invasive as possible – in particular by taking advantage of CT scanning; Release of bodies needs to be expedited to facilitate rapid burial. This includes decisions about coronial referral, death certification, registration; and If there is undue delay, Coroners need to understand that since the traditional pattern of bereavement practices does not commence until after the funeral, the distress of the family will be exacerbated. These principles apply to all Jewish deaths whether or not there is coronial involvement. However, the Board of Deputies is aware that there has been an increase in the numbers of deaths referred to Coroner services in recent years, and therefore the potential impact of Coroner services on Jewish mourning practices. These steps are necessary for a coronial service which is sensitive to the community’s needs. The Board of Deputies’ active engagement with the Law Commission and Government consultations on the issue of Deprivation of Liberty Safeguards reflects this. Governance and Accountability At each stage in the process of arranging the handling of the deceased’s body, issues may arise relating to questions of responsibility, governance and accountability. However, in most places where a coronial jurisdiction operates in England and Wales, the Coroners engage sensitively with Jewish needs, work effectively with Jewish burial societies, make decisions rapidly, and facilitate the quick release of bodies wherever possible. The Board of Deputies has been asked on several occasions to write to Coroners thanking them for the way they have made it possible for the deceased’s body to be quickly buried. The Jewish community is aware that there needs to be co-operation between several parties to ensure positive outcomes. The Coroner’s officers are primarily responsible both to their senior Coroner and to the police. The registration process is done within the local authority. The medical certification may be done by an independent general practitioner, regulated by the General Medical Council (GMC), or by a hospital doctor, who is responsible and accountable to a trust as well as to the GMC.