Forensic Pathology Services

The MPS must use Home Office Registered Pathology Services as stipulated by the Coroners. Act 1988 and the Forensic Pathologists Code of Practice, which is produced by the Home Office Policy Advisory Board for Forensic Pathology and the Royal College of Pathology. This is also in keeping with The Forensic Regulators Guidance and CPS Guidance around the use of expert witnesses. Forensic Pathology makes a significant contribution to the investigation of suspicious death and homicide. The forensic pathologist is regarded as part of the forensic investigation team as set out in the National Policing Murder Investigation Manuals, as well as National Ministry of Justice and Home Office Guidelines.

The MPS Pathology Services are currently supplied by Home Office Registered Forensic Pathologists via a Memorandum of Understanding (MoU). This is currently being reviewed and a new Statement of Requirement (SoR) is to be negotiated and agreed with the provider. This MoU originally commenced on 6 December 2006 with an initial 3-year term, with unlimited options of multiples of 3 months extensions (unlimited) on a rolling basis. Currently any extension of this agreement is through Budget Holder approval in consultation with Finance and Commercial Services.

The Deputy Mayor for Policing and Crime is recommended to approve the direct award of a contract for Forensic Pathology Services for five years plus two possible extensions of one year each, at an anticipated total contract value of £6.3 million (£900k per annum).

1. Introduction and background

1.1. The MPS Pathology Services are currently supplied by Home Office Registered Forensic Pathologists via a Memorandum of Understanding (MoU). This MoU originally commenced on 6 December 2006 with an initial 3-year term, with unlimited options of multiples of 3 months extensions (unlimited) on a rolling basis.

1.2. The process is managed through a single point of contact within the MPS and all approved requests are shown on a Pathology Database. This gives a Unique Reference Number to each request and can only be accessed and commissioned through a Forensic Manager.

1.3. All issues and exceptions are dealt with through a Pathology Delivery Board meeting with representation from all parties involved in the post mortem and Criminal Justice process including the Crown Prosecution Service, The Coroners Service, The Senior Investigating Officers, Forensic Services and Forensic Pathology Services representatives.



1.4. National issues are raised and dealt with through representation on the National Pathology Delivery Board chaired by the Home Office Pathology Unit. This is also the board that sets the national fees in consultation with the Royal College of Forensic Pathology.

2. Issues for consideration

2.1. The MPS must use Home Office Registered Pathology Services because this is stipulated by the Coroners Act 1988 and the Forensic Pathologists Code of Practice, which is produced by the Home Office Policy Advisory Board for Forensic Pathology and the Royal College of Forensic Pathology. This is also in keeping with The Forensic Regulators Guidance and CPS Guidance around the use of expert witnesses.

3. Financial Comments

3.1. The fees payable are set by the National Pathology Delivery Board and agreed periodically with the MPS. Full details of fees and services are set out in the MoU agreement. The current fee is £2,683 (ex vat) and tends to increase by approximately 1% year on year. Other fees include Histopathology examination.

3.2. The current yearly budget has been set at £900k, which is accounted for within the Forensic Services budget, following a review of the increased numbers of post mortems and demand. From this budget, we request services for; Forensic Post Mortems, Histopathology Examinations to support the Forensic Post Mortems and ad hoc Opinion Work on injury interpretation in Homicide and GBH/Sexual Assault cases.

3.3. A review of the £900k budget has been conducted and it is viewed as sufficient to meet predicted demand; however, any variance will be managed within the overall Forensics’ budget.

4. Legal Comments

4.1. The legal implications of not proceeding with the recommendations are that the MPS will not have the provision of Forensic Pathology Services and this impacts on the Criminal Justice and Coronial Systems in terms of the level of evidence provided to a criminal standard particularly in Homicide Investigations.

4.2. The Mayor’s Office for Policing and Crime (MOPAC) is a contracting authority as defined in the Public Contracts Regulations 2015 (the Regulations). All awards of public contracts for goods and/or services valued at £189,330 or above shall be procured in accordance with the Regulations and MOPAC governance. This report confirms the value of the proposed contract exceeds this threshold.

4.3. Regulation 32 provides the MOPAC may negotiate with a sole economic operator where competition is absent, due to technical reasons. This report confirms the Home Office Registered Forensic Pathology Services are the only provider legally capable of providing this service.

4.4. Paragraph 4.13 of the MOPAC Scheme of Delegation and Consent provides the Deputy Mayor for Policing and Crime has delegated consent to approve all contract exemptions valued at £100,000 or above.

4.5. Paragraph 4.15 of the MOPAC Scheme of Delegation and Consent provides that the Deputy Mayor for Policing and Crime (DMPC) has delegated authority to award MOPAC contracts with a total value of £500,000 or above.

4.6. The proposals in this decision are in line with regulations.

5. Commercial Issues

5.1. As an extension to an existing service this work does not change any aspects relating to responsible procurement.

5.2. Forensic Pathology Services is the largest of the Home Office Registered Pathology Services Group Practices and it is stipulated in the Coroners Act 1988 that we must only use Home Office Registered Forensic Pathology Services within a group practice. As such, there are no other group practices in England and Wales that have the capacity to services the significant MPS demand. This is therefore not suitable for competition.

6. GDPR and Data Privacy

6.1. Consultation has been made with MPS HQ Strategy and Governance and we are working with the service provider to complete the standard DPIA template as part of the Statement of Requirements, Terms, and Conditions for the contract. A DPIA exists for this work and is currently being updated.

6.2. Privacy is taken very seriously by the MPS. A structured approach in terms of consultation with the MPS Data Protection Manager, Privacy Advisors and Senior Information Assurance Manager will ensure a proportionate approach is applied to privacy. DPIA and Data Protection Contract are considered where necessary whilst supplier technical, personnel and physical security arrangement are central to scrutiny whereby assessment are undertaken independent to the procurement team by the MPS Information Assurance Unit.

7. Equality Comments

7.1. There are no direct Equality or Diversity impacts. The use of Forensic Pathology Services can be guided by the requirements of different cultures and religious beliefs but this would be discussed and agreed at the Coronial level and in consultation with the family of the deceased respecting the wishes of the family in the context of the need to thoroughly investigate a Homicide or Suspicious death to provide causation to the Criminal Justice System and Coronial Inquests.

7.2. The business justification paper (part 2) has undergone initial equality screening. ‘Due regard’ has been taken to the Equality Act’s Public Sector Equality Duty under Sec 149 of the Equality Act 2010. ‘Real consideration’ has been taken to assess equality impact caused by the proposed business change, including effective engagement and analysing relevant equality information. As a result, no negative impact has been identified to any individual and/or group safeguarded by a protected characteristic and to those who are not. If as a result of the continual development of this strategic paper Equality Impact is identified, a full Equality Impact Assessment will be initiated via the completion of a Form 6119A.

8. Background/supporting papers

8.1. MPS Report.