Guidance

Constitution of the Pathology Delivery Board (accessible version)

Updated 4 April 2022

Constitution of the Pathology Delivery Board

As amended March 2022

1. The Pathology Delivery Board (the board) is the successor to the Home Office Policy Advisory Board which was instituted in 1991 “to oversee the provision of forensic pathology services in England and Wales, to establish best practice for the specialty and to encourage the development of the profession through the training of practitioners and the support of academic departments and relevant research”. The board took over the predecessor on 1 October 2005. The original constitution was approved by the Secretary of State for the Home Department on 15th February 2010.

2. The board is responsible to the Secretary of State for the Home Department for:

i) identifying those forensic pathologists of sufficient skill and standing to provide credible expert assistance to police forces, coroners and courts in cases involving violent or suspicious death and making recommendations as to those forensic pathologists suitable to be members of the home secretary’s register of forensic pathologists (the register)

ii) supervising the funding and training of new forensic pathologists to support the criminal justice system

iii) protecting the integrity of the register and maintaining the confidence of the public and the home secretary in the register to support the criminal justice system, by amongst other actions:

• setting admission criteria for the register
• operating disciplinary procedures under the suitability rules issued by the home secretary
• undertaking appropriate audits and inspections
• setting expected levels of service
• reviewing management information
• entering into protocols with members of the register
• establishing links with other regulatory bodies such as the General Medical Council and the Human Tissue Authority

iv) facilitating the setting of the case fee to be paid by the police forces to Home Office registered forensic pathologists for a forensic post mortem examination

v) ensuring that members of the register are organised into PDB recognised group practices to support the rotas for police forces and to provide opportunities for peer review and professional development

vi) raising with members of the register, coroners, police forces, the home secretary, the National Assembly of Wales, the Law Officers, the Crown Prosecution Service, the Royal College of Pathologists, the Human Tissue Authority and others, any matters that would improve the standards of forensic pathology in England and Wales

vii) supporting the continued professional development of members of the register

viii) maintaining the forensic pathology service for the criminal justice system in England and Wales

ix) to act as the ‘Designated Body’ for all Home Office registered forensic pathologists in accordance with The Medical Profession (Responsible Officers) Regulations 2010 and the Medical Profession (Responsible Officers) (Amendment) regulations 2013. This includes supporting the board’s responsible officer in the discharge of his duties to the General Medical Council

x) establishing sufficient sub-specialty (organ specific) pathologists - including, but not limited to the disciplines of: ophthalmology, neurology, osteoarticular pathology - and paediatric pathology to engage with the criminal justice system in support of Home Office registered forensic pathologists in the medical investigation of death. This will include the identification of such suitably experienced and trained practitioners and facilitating/supporting any necessary additional forensic training if required. The PDB will also provide an annual ‘criminal justice and courtroom skills training course’ to attract sub-specialty and paediatric pathologists to engage with police cases

xi) acting as a central point of referral for police forces and the Human Tissue Authority in relation to historically held human tissue from forensic post mortem cases

xii) providing support to the police service through the College of Policing for the training of senior investigating officers in pathology related matters and the medical investigation of suspicious death and homicide cases

xiii) supporting the College of Policing and the National Police Chiefs’ Council to produce and update guidance to police forces in relation to the medical investigation of death

xiv) collating and evaluating management information in respect of the activities of forensic pathologists at the discretion and direction of the board

xv) funding the salary and training costs of trainee forensic pathologists to ensure future recruitment to the Home Office register

xvi) supporting research into new techniques and advances in forensic pathology

xvii) in partnership with the Royal College of Pathologists, setting standards (via the ‘Standards Committee’) in forensic pathology in England and Wales through maintaining, updating and implementing the Codes of Practice and Performance Standards in Forensic Pathology, as well as producing advice and guidance on issues as and when necessary

3. The board shall comprise of 15 people as follows:

i) a chair, appointed by the home secretary

ii) a secretary, appointed by the chair

iii) a deputy chair, appointed by the chair

iv) a deputy secretary, appointed by the chair

v) a Home Office senior civil servant (in the event of the chair not being at SCS level)

vi) a nominee from the Coroners’ Society of England and Wales

vii) the President of the British Association in Forensic Medicine, ex officio

viii) the chair of the Royal College of Pathologists, Forensic Pathology Specialty Advisory Committee, ex officio

ix) a member of the register elected by members of the register

x) a nominee from the Crown Prosecution Service

xi) a nominee from the NPCC Homicide Working Group

xii) the NPCC lead on Forensic Pathology for the police service, ex officio

xiii) the Forensic Science Regulator or a nominee from the office of the Forensic Science Regulator

xiv) a representative of the College of Policing

xv) a representative from the Human Tissue Authority

xvi) any other person or representative of an organisation at the discretion of the chair

Other persons may attend as observers at the discretion of the chair.

In relation to paragraph 3 vi) – 3 xiv) (inclusive) and only when an organisation therein referred to is subject to change which effects the composition of the board, the composition of the board may be amended by a proposal being passed by the board. In all other circumstances the composition of the Board may only be changed by the chair with the agreement of the board.

4. Quorum for meetings for the board shall be five members of whom two must be forensic pathologists. In the event of a tie on a vote on any matter before the board, the chair of the meeting shall have a casting vote.

5. Each member of the board may nominate an alternative to take their place in their absence. If the chair and the deputy chair are absent, the secretary shall chair the meeting.

6. In addition to any sub-committee that the board may establish from time to time, the board shall maintain:

i) a Registration & Training Committee to consider new applicants to the register

ii) a Disciplinary Review Committee to consider complaints referred by the secretary

iii) a Standards Committee to set and review standards relating to forensic pathology, including the auditing of work of members of the register

6.1.The Registration & Training Committee shall comprise 8 people as follows:

• a chair and secretary appointed by the chair of the board
• 3 senior forensic pathologists appointed by the board
• 1 member to represent the interests of coroners appointed by the board
• 1 member to represent the interests of the Crown, Prosecution Services, appointed by the board
• one member to represent the interests of the police service in England and Wales, appointed by the board

Quorum for the Registration & Training Committee shall be three members, one of which must be a senior forensic pathologist.

6.2. The Disciplinary Review Committee shall in accordance with the home secretary’s Suitability Rules, October 2012 (as amended October 2018) comprise six people as follows:

• a lay member as chair (i.e. a non-forensic pathologist)
• 2 senior forensic pathologists to be selected in relation to each complaint to avoid any conflict of interest
• 1 additional legally qualified member
• 1 member to represent the interests of the coroners
• 1 member to represent the interests of the police

Quorum for the Disciplinary Review Committee shall be three members.

6.3.The Standards Committee will be chaired by an individual appointed by the board.

Membership of the Standards Committee shall comprise persons in each of the following categories. Where stated, the relevant organisation shall normally be invited to nominate a suitable person to the post:

a. Forensic pathology:

i) 2 Home Office registered forensic pathologists with significant experience of working within the criminal justice system. Nominating body is the British Association in Forensic Medicine.

ii) the President of the British Association in Forensic Medicine (exofficio).

iii) a forensic pathologist with significant experience of investigating suspicious or violent deaths. Nominating body is the Royal College of Pathologists.

iv) a forensic pathologist with significant experience of investigating suspicious or violent deaths in Scotland. Nominating body if the Crown Office and Procurator Fiscal Service.

v) a forensic pathologist with significant experience of investigating suspicious or violent deaths in Northern Ireland. Nominating body is the Northern Ireland Executive.

b. Police:

i) up to 2 senior police officers with experience in the application of forensic pathology to the investigation of crime. Nominating body is the National Police Chiefs’ Council

c) Coroners:

i) a coroner with experience in the application of forensic pathology within the coronial justice system. Nominating body is the Coroners’ Society of England Wales and Northern Ireland.

d) Human tissue:

i) an official with knowledge of the Human Tissue Act 2004 and the operation of the Human Tissue Authority. Nominating body is the Human Tissue Authority

e) Criminal justice system

i) a lawyer with experience of prosecuting, or managing the prosecution of, cases in which forensic science has been at issue

Nominating body is the Crown Prosecution Service.

f) Pathology Delivery Board:

i) an official with responsibility for, or working with, the PDB

Nominating body is the Home Office Forensic Pathology Unit.

If not a member as a result of a nomination described above, the following shall also be a member for so long as they hold the relevant position.

g) The Lead of the Standards Committee audit group (ex-officio)

h) The Responsible Officer appointed by the Pathology Delivery Board (exofficio)

A separate document sets out the terms of reference for the Standards Committee.

7. Without prejudice to the home secretary’s powers and subject to the Suitability Rules issued by the home secretary, the chair of the board, or in his absence, the secretary is permitted by the home secretary to take any steps he deems necessary to maintain the integrity of the register and of the criminal justice system including the suspension of a member of the register and the disclosure of information to the criminal justice system (but not the removal of a member from the register).

8.The board shall meet from time to time as directed by the chair.

9. Administrative and operational support to the board is provided by the Forensic Pathology Unit within the Home Office.

10. The Secretary of State for the Home Department remains accountable to parliament for the operation of the register and for the provision of forensic pathology services to the criminal justice system in England and Wales and may vary the board’s constitution from time to time.

Version control

Version: 4

Last amended: 09 March 2022

Approved by: Pathology Delivery Board

Approved on: 09 March 2022

Effective from: 01 April 2022

Next review: two-year intervals

Contact officer: Rachel Webb

Email: pathology@homeoffice.gov.uk

Version history

Version number	Date approved	Approved by	Brief description
V.4	09/03/2022	Pathology Delivery Board	09/03/2022 - Addition of representative of Human Tissue Authority as full member of the board, and amendments to minor grammatical errors and spacing issues. 27/01/2022 - minor changes to remove reference to the regulation of the Forensic Science Regulator. Expand 2(x), add 2(xvii). Addition of Standards Committee with effect from 01/04/2022.
V.3	22/04/2020	PDB chair Mark Greenhorn, Head of Home Office Science Secretariat, Pathology, Regulation and Services	Circulated to PDB for comments on amendments on 16/12/2019. No comments received. 14/10/2019 – Rebranded constitution on to HO branded report. Reworded: 2(iv), 2(v), 2(ix), 6.1, 6.2, 9, 10. Added to the board’s responsibilities: 2(x) to 2(xvi). Amended composition of the board. Removed 11.
V.2	26/11/2012	Minister of State for the Home Department	Ministerial approval obtained on 26/11/2012. Circulated to PDB at meeting on 18/12/2012.
V.1	15/02/2010	Minister of State for the Home Department	Version 1.