Legal requirements when someone dies

 

Obtain a Medical Certificate of Cause of Death (MCCD)

  • The GP or hospital physician who was treating the deceased prior to their death needs to confirm the cause of death.
  • The GP or the Hospital Bereavement Services Department will issue the correctly filled out MCCD.
  • The Medical Certificate shows the cause of death (no charge).
    • It is important this certificate is properly and fully completed (clear cause of death, when last seen the deceased, General Medical Council number), otherwise it will cause delay in getting the death registered.
    • The fully completed and legible Medical Certificate has to be forwarded electronically to the appropriate Registrar of Births, Deaths and Marriages.

Death certification by doctors

A licensed qualified medical practitioner should not sign a Medical Certificate as to the Cause of Death (MCCD) in respect of a death from wholly natural causes unless he or she:

  • Has attended (this means not just seen but treated and/or assessed) the patient in and for the patient’s last illness and
  • Has seen the person within 28 days before the death or has seen the body after death and
  • Is satisfied as to the cause of death and
  • Is satisfied that the death is wholly from natural causes and
  • Is satisfied that the death is not otherwise reportable to the Coroner.

In all other cases/situations the death must be reported to the Coroner (see Coroner – reportable deaths section).

Note: Without the Medical Certificate of Cause of Death (MCCD), the death cannot be registered and the funeral cannot take place.


Died at home

 

Expected and natural death

  • If a loved one dies during the day, immediately contact the deceased person’s GP surgery and inform them of the death. The GP may wish to attend to see the deceased body or may call you into the surgery.
  • If a loved one dies during the night and if the deceased person’s GP is available (on call) try and contact them, otherwise you can wait until the morning when the surgery opens before contacting them. If you are unsure, then you should call the NHS helpline (111) and they should be able to advise you on what to do next.

Unexpected and sudden death

  • If you witness someone die suddenly, you should immediately call a doctor (GP) or 999. The doctor or paramedics may attempt resuscitation or confirm the death. Depending on the circumstances of the death, the Police may be called by the GP or paramedics. In some cases where the GP is not in attendance/reachable or it is deemed suspicious circumstances then the body may be taken to the Coroner’s mortuary.
  • If the cause of death is clear and natural, the GP will be able to certify the cause of death and he/she will give you the MCCD. However, if the GP is unsure of the cause, not treated/assessed the patient during a recent illness, or the death is sudden and unnatural then they will have to refer the death to the Coroner and will not be able to issue a MCCD straightaway.


Died in hospital

If the death occurs in hospital, the hospital staff will contact the person named by the deceased as next of kin. If close family or friends are in hospital, it is important that you make sure that hospital staff are aware of and have recorded details of the next of kin in case of an emergency.

 

Expected death

For all non-reportable deaths (no need to report to the Coroner):

  • Any physician who has looked after the patient (prior to their death) can determine the cause of death. Once they are satisfied that the cause of death is in line with their illness and is natural they can sign as to the cause of death. In some cases there may be a delay if the doctor is doing rounds or in clinic.
  • If the death has occurred during office hours, the nurse in charge of the ward/department should inform the Bereavement Services Department of the death and what needs to be done. The Bereavement Services Team will endeavour to expedite the process by liaising with the family (or representative) so that the deceased body can be released from the hospital mortuary.
  • If the death has occurred at night or during a weekend, the clinical site manager in overall charge and with the nurse in charge of the ward/department they should go through and complete the Checklist and Early Release of Body Forms. In some cases there may be a delay if the doctor who has looked after the patient (prior to their death) is not on duty.

You may need to clarify the hospital’s (early) release policy, as some hospitals require the death to be registered before the hospital will release the body.

The hospital will keep the body in the hospital mortuary until the next of kin arranges for it to be taken away. Hospital staff will also arrange for the next of kin to collect the deceased’s possessions.

In some circumstances you may be asked permission to carry out a post-mortem where deaths are non-reportable (no need to report to the Coroner). This may be for research or other such purposes. As this is not a legal requirement, you do NOT have to agree to this. Please consult a religious scholar in terms of permissibility with the tenants of Islam.

 

Unexpected death

  • If a person dies from reasons other than what they were admitted or treated for and/or the cause of death is not clear and natural, then the doctor will not be able to sign as to the cause of death.
  • Where the doctor can determine the cause of death and it is not in the ‘reportable to the coroner list’ then they should be able to sign and the MCCD should be issued. Under all other circumstances the hospital will have to refer the matter to the Coroner and they will not be able to issue a MCCD straightaway.

In such circumstances the Hospital Bereavement Team need to expedite the process as efficiently as possible, so that the funeral may not be unduly delayed.

The family (next of kin) should be informed of the death, if not already present. In cases where there is no family available, the hospital Muslim chaplin should be contacted for advice.


Died on the way to the hospital

  • In cases where the person has been confirmed to have died in transit (e.g. ambulance) en-route to the hospital, the hospital will then liaise with the GP to see if the cause of death can be determined without the need to refer the matter to the Coroner. If this is the case then the GP will issue the MCCD and the hospital will release the body.
  • If the cause of death cannot be determined or it was not due to any recent illness then the matter has to be referred to the Coroner.
  • The death will have to be registered in the district where the death occurred during transit.


When a death is reported to the Coroner

  • In cases where the GP or hospital has referred the death to the Coroner, the Coroner’s office will review the details sent to them. Upon reviewing the case, they may decide that the cause of death is clear and natural and as such will instruct the GP or the hospital (doctor) to issue the MCCD and the Coroner will notify the Registrar.
  • However, if the Coroner is not satisfied as to the cause of death then a post-mortem will be ordered to determine the cause of death. The Coroner’s office will keep the family informed during their investigation. When a conclusion has been reached, they will issue a form (‘Pink Form – form 100B’) direct to the Registrar stating the cause of death. Following this the death can be registered following the normal process. The family can request a non-invasive post-mortem (CT or MRI scan).
  • Following the post-mortem, the Coroner may still not know the cause of death and under certain circumstances may need to hold an inquest.


Mortuary

 

Hospital mortuary

  • When a person dies in hospital they will normally move the body to the hospital mortuary and it will be kept there until all the paperwork is sorted out and the family makes arrangements for the body to be collected.

Coroner’s mortuary

  • When a person dies at home or elsewhere (accident, suspicious, etc.) and the body needs to be examined by the Coroner then it will be moved to the local coroner’s mortuary. Once all the necessary checks have been carried out and required paperwork is completed, the family will be instructed to make arrangements for the body to be collected.
  • The hospital/coroner’s mortuary will only release the body to a family member or authorised persons (funeral directors) and they must have the correct paperwork.


Registering a death

  • You are legally required to register a death within 5 days of the death occurring (including weekends).
  • Registrations are required to be done in the district or borough where the death occurred.
  • The Registrar is normally based in the council’s head office (Civic Centre or Town Hall). Appointments are required to be made during office hours; however, most Registrar’s offices will have a policy to expedite this process on religious grounds.
  • Who can register a death (known as ‘the informant’)?
    • A close relative of the deceased
    • A relative of the deceased who was present at the death
    • A relative present during the person’s last illness
    • A relative living in the district where the death took place
    • Someone who was present at the death
    • An owner or occupier of the building where the death took place and who was aware of the death
    • The person making the arrangements with the funeral director
  • What information will be required about the deceased?
    • The date and place of death
    • The full name and any other names they are or have been known by, including the maiden surname of a woman who has been married
    • The date and place of birth (town, if born in the UK or foreign country)
    • Occupation of the deceased (last occupation, if retired)
    • Their usual (last) home address including postcode
    • Full names, occupation (last occupation, if retired), date of birth of a surviving spouse, whether the deceased was married or widowed
    • Details of any state sector benefits/pension
    • Prescription or hospital letter (to obtain the NHS number)
  • What documents must you provide about the deceased?
    • Medical Certificate of the Cause of Death, signed by a doctor (unless the Coroner is issuing the paperwork)
      Note: The registration cannot be completed without the Medical Certificate of the Cause of Death (MCCD) or, if applicable, the Coroner’s paperwork.
  • What documents will you receive from the Registrar?
    • You will be issued a Certificate for Burial (Green Form), without which a burial cannot take place. A Certificate of Registration of Death (Death Certificate) will be issued; additional copies can be bought at the time (additional fees apply).
  • Out of hours
    • During public holidays or on Sundays the Certificate of Disposal (Burial) may be obtained from the Registrar via a funeral director.


Arranging the funeral and burial

  • Arrange for the transportation of the deceased body (hospital, home, elsewhere).
  • Once the Burial Certificate (Green Form) has been issued, the burial will need to be booked at the cemetery of your choosing.
  • When arranging the burial slot, it is important to factor enough time to complete all the religious rites in preparation of the deceased’s body for burial.
  • You will need to complete the Burial (Internment) Form and make arrangements for the payment for the burial fees (cemetery charges).
  • Once all the religious rites have been completed the deceased needs to be taken to the cemetery for burial.
  • Upon arrival the completed paperwork will need to be given to the Cemetery Registrar (Local Authority) to be checked and to ensure everything is in accordance with the statutory requirements prior to them issuing permission for the burial to commence.
  • Ensure you arrive at the cemetery in good time and in accordance with the time slot given. Delays may result in the cancellation of the burial and/or additional charges being applied.
  • Please adhere to all the rules and regulations of the cemetery and be mindful of local residents, other users and the surrounding area.


Notification of the death

  • All government bodies/agencies should informed about the death of the deceased.
  • The ‘Tell Us Once’ service is offered by most local authorities on behalf of the Department for Work and Pensions (DWP). This can be done during the Death Registration process.
  • You may need to put a hold on bank accounts, stopping or redirecting mail, social media accounts, etc.
  • Financial support for the cost of a burial and funeral is available from the government.


Discharging of the deceased’s estate

  • You will need to check if the deceased left a ‘Last Will and Testament’, which should be properly executed.
  • The appointed Executor or Administrator of the will is required to discharge the estate in accordance with the will.
  • You may also be required to apply for probate before anything else can be done.
  • You may need to enlist the support and advice of specialists in these areas (e.g. solicitor, religious scholar).