Police role in identifying and contacting deceased person's next of kin

Freedom of information request reference no: 01.FOI.24.039476

I note you seek access to the following information:

Please could you supply all information on the Police's role in identifying and contacting a deceased person's next of kin?

Does the Police have a role in confirming the identity of a deceased person?

Does the Police have a role in contacting and/or locating a deceased person's next of kin when they have died in hospital (and the next of kin is either not known or not contactable)?

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 21 – Information reasonable accessible by other means

Reason for decision

Some of this information has been identified as being accessible via other means as it is already published. Where information is already in the public domain we are not required to re-publish the data; instead public authorities are required to direct you to the information, which we have done in this instance. This action is in accordance with Section 21(1) of the Freedom of Information Act

Disclosure

Please find the relevant extracts from the MPS Death Investigation Policy, which should assist you:

Identification of the Deceased
Mistaken identity of the deceased must be avoided and families should not be approached until a reliable identification has been ascertained. Primary Identification factors must be considered, if possible backed up by secondary identification factors. If primary identification is not possible or practicable then a number (the more the better) of secondary factors should be used. Supporting identification factors must ONLY be used to back up a primary or secondary and NEVER in isolation.

Primary Identification Factors (to be used wherever possible)
• Odontology
• Fingerprints
• DNA

Secondary Identification Factors
• Marks
• Scars
• Tattoos
• Distinctive clothing
• Distinctive jewellery
• Surgical Implants
• External medical devices (Leg Braces, External Fixators etc.)
• Unusual piercings (ear plugs or spools, dermal implants etc.)

Supporting Identification Factors
• Visual
• Property including phones, ID Documents etc.
• Numbers extracted from phones (Phone Number, IMEI Number etc.)
• Circumstantial evidence
• Piercings

If a Post Mortem (PM) Identification is achieved by anything other than a Primary Identification Factor then Ante Mortem (AM) data should be ascertained from the family to ensure a PM and AM match. Only then should the family be told that the deceased is highly likely to be their loved one.

Investigating officers must record what identification factors have been used and justify why they believe the deceased is who they think they are on the CONNECT Death Investigation

If a ‘Please Allow’ is being carried out by another force on behalf of the MPS then the CAD must state full reasoning, including what Identification Factors have been used to justify the circumstances.

If there is any uncertainty or doubt about the identity of the deceased, other more reliable identification factors should be sought before approaching a family to deliver a death message.

It is essential that we identify the deceased and seek to notify their family and/or next of kin (NoK) as soon as possible. Seek advice from a supervisor as to whether a Family Liaison Officer (FLO) may be required. When trying to identify the deceased, care must be taken to preserve the scene. All actions should be recorded as this will assist investigators in understanding aspects of the scene. You should also consider the following actions:

• Speak to the person who reported the incident to emergency services and any witnesses you find at the scene. They might be able to tell you who the deceased is (don’t compromise scene integrity in order to do this).
• If necessary, search for documents to confirm the identity of the deceased and make reference to your actions in your pocketbook/EAB and CONNECT Death Investigation
• Is there medication nearby or otherwise in the possession of the deceased that may help you identify them? Consider seizing prescribed/labelled medication.
• Speak with any other witnesses who may hold information.
• Consider utilising local digital and forensics team (LDFIT) who can attend the scene and give advice about seizure and examination of electronic devices to assist you identifying the deceased.
• Search missing person records. You can also use visible tattoos or other physical features to search local records and the PNC.
• The OFM may authorise the use of a mobile fingerprint device.

Where the Deceased is Unidentified
The initial investigating officer should make all reasonable enquiries to try and identify the deceased. CONNECT Death Investigations where the deceased remains unidentified must be reviewed by at least the rank of Detective Inspector who is responsible for overseeing and reviewing the investigation. The review periods remain the same as for Unexpected Deaths – Under Investigation

If the deceased has not been identified, and where identification is not established after 48 hours, unidentified body cases must be notified to UK Missing Persons Bureau at National Crime Agency.

The CONNECT Death Investigation will remain open in all cases where either of the following still apply-
• The identity of the deceased has not been confirmed by one of the recognised and accepted methods
• The cause of death has not yet been given and any inquest/investigation has not yet reached its conclusion.

If the family/NOK have not been identified after 12 months, the report may be cancelled and put away if:
• All reasonable enquiries to trace NOK have been exhausted, including a final check with the Coroner’s Office to check that a NOK has not already been informed
• There are no other outstanding actions; and
• There is no reason to believe that the subject will be reported missing in another police area

If further information regarding identity of the family/NOK comes to light, or additional investigative actions are identified, then the incident should be re-opened.
Further advice can be obtained here

Contact with family/Next of Kin (NoK)
The term “Next of Kin” is widely used, but has no legal definition in the UK. For more information to assist in understanding the meaning of next of kin please see National Police Chief Counsel next of kin Glossary of Terms.

The definition of family shall include partners, parents, siblings, children, guardians and others who may not be related, but who have a direct and close relationship with the deceased. There are diverse communities in London and a person’s relationship to the deceased should not be assumed. The deceased may have kept their relationship with a person private for a multitude of reasons. Advice as to whether a family member and/or next of kin is eligible to the family liaison service the MPS provide can be found here, and will be assessed by the FLO once assigned.

Family liaison officers (FLO) are available in cases of homicide, other major crimes, road death and any other incident classed as a critical incident.

The deceased’s family and/or next of kin may not be in attendance. If so, try to identify who is the most appropriate person to contact and arrange for them to be informed of the death as soon as possible and in a sensitive manner. See Delivering a Death message for guidance.

All contact with the deceased’s family and/or next of kin must be recorded including details of who has been spoken to and how they were known to the deceased and the date, time and location of that contact and the content of the conversation had. This detail must be recorded from the time of informing them of the death and subsequent contact thereafter.

If it is identified that the deceased’s family and/or next of kin require language assistance, then you should seek the assistance or a translator through Language Line.

If the family and/or NoK of the deceased is present at the scene on arrival, then statements should be taken from each of them if appropriate.

Do not leave the family member and/or NoK alone with the deceased, especially if there are suspicious circumstances or the cause of death is not known.

It is recognised that persons who practice a particular religion or belief may require release of a deceased person. The decision to allow this is that of the Coroner and NOT the MPS. You must ascertain any cultural or religious requirements surrounding the deceased, their family and/or NoK and inform the Coroner as soon as possible. You should also provide details of the Coroners’ Courts Support Service 0300 111 2141.

If premises are insecure and the family, NoK, or a representative agreed by them are not present, wait for the funeral directors to arrive and remove the deceased to the local mortuary.

Provide the family and/or NoK (or other person representing the family) the MPS Bereavement Information Leaflet. This is to be used in non-suspicious cases only.
FLO or other specialist support will be appropriate in suspicious incidents and a Family Liaison Log with the family and/or next of kin will be maintained by FLO officers. See FLO Policy.

In addition, some additional information about unidentified bodies has already been released in accordance with the Freedom of Information Act and can be found on our disclosure log:

Policies, guidance and documents relating to identifying unknown persons