1.1 Outline legal requirements and agreed ways of working that underpin the care of deceased individuals

This guide will help you answer 1.1 Outline legal requirements and agreed ways of working that underpin the care of deceased individuals.

Caring for deceased individuals is a sensitive and respectful process that is guided by both legal requirements and agreed ways of working. In health and social care, this responsibility is taken very seriously. Every stage, from recognising death to supporting relatives and handling the body, is governed by clear laws, regulations, and workplace procedures. These standards exist to protect dignity, maintain legal compliance, and uphold professional conduct.

This guide covers the legal requirements and the agreed ways of working that guide the care of deceased individuals in the UK. It covers the main laws, organisational policies, and professional practices that workers follow.

Legal Requirements for the Care of Deceased Individuals

Caring for someone after death is not simply a matter of respect. It is also a legal process. UK law sets out clear duties for health and social care workers.

Key legal requirements include:

• Registration of Death – By law, a death must be registered within five days in England, Wales, and Northern Ireland, and within eight days in Scotland. This is set out in the Births and Deaths Registration Act 1953.
• Confirmation of Death – Only certain professionals can verify and confirm that death has occurred. This is usually a doctor, registered nurse (in some cases), or paramedic depending on local policy.
• Cause of Death Certification – A registered medical practitioner must complete a Medical Certificate of Cause of Death (MCCD).
• Coroners and Legal Investigations – Under the Coroners and Justice Act 2009, some deaths must be reported to the coroner. This includes unexpected deaths, deaths without a clear medical cause, and deaths in certain care settings.
• Health and Safety Laws – The Health and Safety at Work etc. Act 1974 and Control of Substances Hazardous to Health (COSHH) Regulations apply to safe handling of the body and disposal of waste materials.
• Human Tissue Act 2004 – If organs or tissues are to be retained or donated, this Act provides the legal framework for consent.
• Infection Control Regulations – Public Health laws and infection control standards apply if the deceased had a notifiable disease.
• Manual Handling Operations Regulations 1992 – These apply when moving or transporting the body to prevent injury to staff.

These laws protect the dignity of the deceased, safeguard public health, and provide a lawful framework for professionals.

Agreed Ways of Working

Agreed ways of working are the procedures, protocols, and professional standards set by the organisation and sector. They make sure that workers follow the law and maintain best practice.

In health and social care settings, these usually include:

• Organisational Policies – Internal documents that outline step-by-step actions to take after death. These cover verification, notification, body care, and documentation.
• Care Plans – For people receiving end-of-life care, a care plan may include wishes for after death. This can include faith requirements, clothing, and whether the person wishes to be viewed by family.
• Codes of Practice – Professional bodies, such as the Nursing and Midwifery Council (NMC) or the Health and Care Professions Council (HCPC), set codes of conduct that guide respectful and lawful care.
• Staff Training – Workers receive training on dignified handling, infection control, and cultural awareness around death.

Agreed ways of working ensure everyone involved knows their role, follows safe practices, and treats the deceased and their families with respect.

Respecting the Dignity of the Deceased

Dignity continues after death. Care workers have a professional and moral duty to handle the body respectfully.

This may include:

• Closing the eyes and mouth gently
• Washing the body if required and dressing it in requested clothing
• Removing medical equipment carefully
• Covering the body with a sheet or blanket
• Keeping personal items with the body unless instructed otherwise

These actions are part of agreed workplace practice and reflect both legal duties and compassion.

Infection Prevention and Health and Safety

Some infections remain a risk after death. Workers must reduce the risk of transmission to themselves and others.

Steps often include:

• Wearing personal protective equipment such as gloves and aprons
• Following standard infection control precautions in line with organisational policy
• Using body bags where necessary, especially if there is a notifiable disease
• Complying with COSHH guidelines for disposal of contaminated waste

Risk assessments should be completed before moving the body to identify and reduce hazards.

Documentation and Record Keeping

Accurate records are a legal requirement. Documentation provides evidence of what actions were taken and by whom.

This can include:

• Recording the time and date of death
• Documenting the name and role of the person confirming death
• Completing legal forms such as the MCCD
• Recording the transfer of the body to a mortuary or undertaker
• Noting personal items and valuables handed over to relatives or stored securely

Failing to record information properly can result in legal penalties for the organisation and for individuals.

Cultural and Religious Considerations

Legal requirements must be met while respecting cultural or religious beliefs. Some religions require burial within 24 hours, or have specific cleansing rituals. Workers need awareness of these practices and to accommodate them where possible.

Examples:

• Islamic and Jewish traditions often require prompt burial and specific washing of the body by those of the same faith.
• Hindu and Sikh traditions may have rituals involving family members before cremation.
• Christian denominations vary, but many involve last rites before death or prayers after.

Agreed ways of working often include a cultural awareness policy so that legal and organisational duties are met without disrespecting beliefs.

Role of the Coroner

A coroner is an independent judicial officer who investigates certain deaths. Workers must know when to report a death to the coroner’s office.

Circumstances can include:

• Death without a known cause
• Death that occurred suddenly or unexpectedly
• Deaths during surgery or medical procedures
• Deaths in custody or state detention

Once notified, the coroner may request a post-mortem examination or open an inquest. Staff must cooperate fully with the process.

Communication and Supporting Families

Clear, compassionate communication with relatives is part of agreed good practice. Workers must provide accurate information, avoid speculation, and show empathy.

Good practice includes:

• Using plain, sensitive language when informing families about death
• Offering privacy and time for them to see the deceased if they wish
• Signposting to bereavement support services
• Respecting the family’s choices in line with legal and safety requirements

Some families may wish to take part in rituals or provide clothing for the deceased. This should be documented and supported within safe limits.

Handling Personal Property

The deceased’s belongings must be handled according to organisational policy and the law. Items should be listed, stored securely, and given to an authorised relative or representative.

Key points:

• All items must be listed on a property form
• Signatures from staff and family confirm transfer
• Valuables must be locked away until collected
• Records should be kept for a required period for accountability

Mishandling personal property can lead to complaints, loss of trust, and legal action.

Transfer and Storage of the Body

Once legal formalities are complete, the body may be moved to a mortuary or funeral director.

Agreed ways of working for transfer include:

• Using the correct equipment such as a mortuary trolley
• Covering the body fully for privacy
• Recording the time of collection and destination
• Handover to mortuary staff with signed forms

Mortuaries operate under strict hygiene and storage laws to prevent decomposition before final rites.

Training and Competence

Employers have a duty to train workers in the care of deceased individuals. Workers should be competent in:

• Legal reporting duties
• Dignified post-death care
• Infection control measures
• Cultural and religious awareness
• Safe moving and handling of bodies

Training should be refreshed regularly so staff remain confident and compliant.

Consequences of Not Following Legal and Agreed Standards

Failing to meet legal duties or agreed ways of working can have serious consequences:

• Criminal prosecution for breaches of health and safety or other laws
• Professional misconduct proceedings
• Loss of professional registration
• Damage to the organisation’s reputation
• Emotional harm to relatives and distress for colleagues

Following procedures protects everyone involved.

Final Thoughts

Caring for a deceased individual is one of the most sensitive duties in health and social care. It requires respect, legal knowledge, and adherence to organisational standards. By following the law and agreed ways of working, you honour the person’s dignity and ensure the process is handled lawfully.

Legal compliance is not separate from compassion. Both work together to protect the deceased, support the family, and maintain public trust in care services. Your actions after death speak as much about professionalism as the care you give in life.