Appointment of Medical Referee under the Cremation (Jersey) Regulations

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A decision made 12 March 2018:

Decision Reference: MD-HSS-2018-0008
Decision Summary Title :	Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations		Date of Decision Summary:	7th March 2018
Decision Summary Author:	Medical Officer of Health		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations		Date of Written Report:	7th March 2018
Written Report Author:	Medical Officer of Health		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations.
Decision(s): The Minister approved the appointment of one suitably qualified Medical Referee under the Cremation (Amendment No 15) (Jersey) Regulations, thereby investing in him the powers to grant or refuse authority for cremation as currently delegated to the States of Jersey Medical Officer of Health (MOH). The Medical Referee is: Mr Richard Downes
Reason(s) for Decision: To ensure that the role of Medical Referee is delivered by a team of suitably experienced doctors, thus reducing the current critical dependency on the availability of the Medical Officer of Health.
Resource Implications: No resource implications.
Action required: Medical Officer of Health to inform Crematorium Superintendent.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Medical Referee - Appointment: Authorisation of Cremations

Additional Appointment of medical referee under Cremation (Amendment No. 15) (Jersey) Regulations

Background

In June 2011 the States of Jersey adopted a proposed amendment to the provisions made under the Cremation (Jersey) Regulations 1961. This amendment allowed for the Minister to grant to a team of medical referees the power to grant or refuse an application for cremation.

The powers had currently only been vested in the Medical Officer of Health (MOH) creating a single point of dependency which, in turn, created the potential for delay. Vesting the powers in one or more medical referees, creates a more resilient and efficient team approach.

A medical referee may give ‘authority to cremate’ when they are satisfied that an application for cremation is in order. It is the final check that there is no reason why a body may not be disposed of by cremation, after which time no post mortem examination of the remains would be possible. It is an important safeguard enabling further enquiries to be made, such as if there was any doubt as to the cause of death, any suspicious circumstances / any reason why the death should be referred to the Deputy Viscount (in his role as Coroner) or his advice sought. The vast majority of cremation authorisations are straightforward and simple to process and authorise.

Medical Referees – the appointment process

The Medical Officer of Health, with regard to the UK Ministry of Justice guidance on appointment of Medical Referees, has recommended one new doctor for appointment to the Minister, in addition to the Medical Referees already in place. The MOH is satisfied that he is:

A registered medical practitioner of at least 5 year’s standing
A colleague of good professional standing with the character, experience and qualifications required of a medial referee
A colleague with no record of any complaints, hearings or warnings to / by the General Medical Council.

This doctor is:-

Mr Richard Downes

An additional doctor is needed to strengthen the existing team of Medical Referees, in order to ensure that cremations paperwork continues to be authorised.

Financial Implications: Within existing resources

Dr Susan Turnbull

Medical Officer of Health

March 2018