5 Brev fra Ministry of Justice i Storbritannia 20. juli 2010 til Justis- og politidepartmentet
Scene-of-death investigations following the death of a child
Thank you for your letter of 25 March. I am very sorry for the time it has taken to respond to your inquiry: as I have been discussing by e-mail with your colleague. Ms Tonje Ruud, your original letter seems not to have arrived here at the Ministry of Justice. I have now had the opportunity of consulting the relevant authorities here in the United Kingdom, and am now able to provide you with the information you requested.
I regret, however, that our national system for investigating the death of a child is quite complex. Not only does it involve various agencies working together, but there are also two different processes depending on whether there is suspicion of criminal activity. I have therefore provided you with some baekground information as well as specifically answering your queries.
Cases in which there is no suspicion of a criminal act
The authorities would only search a place of death where they feel there is suspicion of criminal activity.
The Children Act 2004 places a statutory requirement on local authorities in England to set up Local Safeguarding Children Boards (LSCBs). One of the functions of LSCBs is to review the deaths of all children who are normally resident in their area. This function is set out in Regulation 6 of the Local Safeguarding Children Boards Regulations 20061; it became mandatory in April 2008, although LSCBs had been able to do this since 2006. Chapter 7 of the 2010 Government publication Working Together to Safeguard Children2 sets out the guidance to be followed by LSCBs.
There are two interrelated processes for reviewing child deaths, for which Working Together to Safeguard Children sets out detailed guidance:
a rapid response by key professionals working together to enquire into and evaluate every unexpected child death; and
an overview of all child deaths undertaken by a panel of professionals under the auspices of the LSCB.
The latter child death review will take evidence from those people who were involved in the care of the child immediately before and at the time of death. Other sources may include the coroner (who has a statutory duty to inquire into violent or unnatural deaths and sudden deaths of unknown cause). There would not be a search of the place of death as there is no suspicion of criminal activity.
The key objectives of reviewing all child deaths are learning, improvement and change in order to improve the health, safety and well being of children and to reduce the future incidence of preventable child deaths. The reviews focus on learning lessons and are intended neither to establish the cause of death nor to place blame for the death on individuals.
The members of the LSCB consists of senior members from different services and agencies in the local area, including the independent and voluntary sectors. This could include professionals able to contribute to the discussion of certain types of death, such as for example a fire fighter for deaths involving house fires. In addition, the Board receives input from experts, including for example the designated nurse or doctor.
Cases in which there is suspicion of a criminal act
In the case of a suspicious or unexpected death, a criminal investigation would take place in additional to the Child Death Review. The agencies involved in the two investigations are obligated to share information where appropriate.
Where there is suspicion of criminal activity, an examination of the crime scene will take place. This examination will be conducted by the police, who are the only agency within the UK that has the authority to search an individual's property.
The police must ask the owner of the property (usually the child's parents) for permission to search the property before doing so. If the owner refuses to allow the police to search the property, the police can exercise powers under common law, or under the Police And Criminal Evidence Act 1984. The police are required to apply for a search warrant, which if obtained permits the Police to enter the property.
In general the police do not have the right to enter a person's house or other private premises without their permission or a warrant. However, they can enter without a warrant:
when in close pursuit of someone who has committed, or attempted to commit, a serious crime;
to quell a disturbance;
if they hear cries for help or of distress; or
to enforce an arrest warrant.
Although the police have no power to search premises without a warrant unless they have obtained the permission of the person concerned, they may do so where the delay caused by obtaining a warrant would be likely to defeat the ends of justice; this may include, for example, the risk that evidence will be destroyed or removed.
A search warrant authorises the police to enter premises on one occasion only.
I hope that I have fully answered your queries, but if you have any further queries please feel free to contact me.
With very best wishes,
Rob Linham
Head of Litigation, Legislation and the Council of Europe