Coroners' FAQs
Frequently asked questions for coroners.
Do the consent provisions of the HT Act include coroners’ post mortems?
No. The coroner can authorise a post mortem without the consent of the family (see section 11 of the HT Act). This applies to “routine” and forensic post mortems. The HTA’s Codes of Practice provide advice and guidance on consent and post mortem examination.
Does any post mortem activity performed under the coroner’s authority come within the HTA’s regulatory remit?
Yes. Any autopsy that is authorised by a coroner must be carried out on premises licensed by the HTA. Full details of the licensing and inspection provisions can be found in the licensing section.
What should happen to tissue removed at coroner’s autopsy once the coroner’s authority has ended?
The Coroners Amendment Rules provide three options
- Return the tissue to the family
- Dispose of the material
- Obtain the family’s consent to retain the tissue for research or other purposes listed in the HT Act.
Whose responsibility is it to put these aspects of the Coroners Amendment Rules into practice?
The Ministry of Justice have responsibility for developing policy on the coroners service. The HTA is working with them to produce guidance on this matter. Broadly this boils down to dialogue and agreement between each coroner and the pathologists they work with. For example, a local agreement may be that, at the same time as explaining what a coroner’s case involves, the coroners officer might explain the options for dealing with tissue after the coroner’s authority has ended. If this is not possible or practicable because of local circumstances, the coroner and pathologist need to come to an understanding about an alternative procedure.
What matters is that each of the players understands and applies what has been agreed; that the requirements of the coroners rules have been followed; and that the pathologist is advised of the family’s wishes.
The Coroners Amendment Rules state that tissues from a coroner’s autopsy can be retained only with the family's consent once the coroner’s authority has ended. What happens to tissue at the end of a period specified by the coroner if there is no consent for further retention for a purpose listed in the HT Act (a “scheduled purpose”)?
The coroner must meet the requirements of the Coroners Amendment Rules (see questions 3 and 4 above). The tissue should be disposed of using the guidance in the HTA’s Code of Practice on Disposal.
Is there any supervision of labelling and removal of body parts, and of when they are returned to coroners?
The HTA has no responsibility for regulating, supervising or providing guidance on matters of professional conduct relating to the performance of autopsies. Recommended practice in this area is a matter for the Royal College of Pathologists and the General Medical Council.
Is the HTA putting any supervision in place for funeral directors?
No. The regulation of funeral directors falls outside the scope of the HT Act and therefore the regulatory remit of the HTA.
Should all the practices and procedures set out in the HTA’s and others’ guidance apply to postmortem tissue removed before the Human Tissue Act came into force?
No. The HT Act came into force on 1 September 2006 and does not apply retrospectively. The HTA’s Code of Practice on Disposal sets out options for disposal of tissue removed before 1 September 2006.
How should I dispose of blocks and slides removed at coroners’ autopsies, once the coroner’s authority has ended and relatives have requested disposal?
The HTA’s Code of Practice on Disposal of tissue provides guidance on this matter but places responsibility on organisations to make their own decisions about the most suitable method of disposal. We encourage organisations to share their disposal policy with the public so that families know what to expect and are reassured that the tissues have been disposed of in an appropriate manner.
Unless the family has expressed a preference for disposal, it may be reasonable to incinerate blocks and slides no longer required for coroners’ purposes, but this must be a local decision, taken in the light of local facilities and practices. However, there may be difficulty in cremating slides, for example because of health and safety implications, but this varies from one crematorium to another. For more information see Cremation Regulations 1930, amended 2006, especially regulations 14A and 14B
Can I keep organs or tissue for research following coroners’ autopsies, for example to check the prevalence of CJD in the population?
The HT Act requires that consent from the deceased person, a person nominated by them, or a ‘qualifying person’ (typically the next of kin) is needed before post mortem tissue can be retained to carry out research, public health monitoring, or other activities listed in the Act (“scheduled purposes”). Action as described in question 3 above must be taken once the coroner’s authority has ended.
Can I cold perfuse a body that is under the coroners’ authority?
The HT Act permits cold perfusion where removal of a solid organ may be considered for transplantation (i.e. there is no bar on cases that fall under a coroner’s authority). However, it is recognised that cold perfusion can inhibit or even prevent tests authorised by the coroner. Therefore it is essential that coroners and the medical staff (e.g. pathologists and staff in A&E and ITUs) reach an understanding about a procedure to be followed in these cases.