Proposed review of the law governing the disposal of a deceased’s body
18 June 2024
The Law Commission has announced a project to review the law governing the disposal of a deceased’s body. The project was set in motion following the 13th Programme of Law Reform. Parish and Town Councils are the tier of local government which have the responsibility for providing burial services in its locality. As populations increase, and the need for housing accelerates development in localities, the question often not addressed, is the finite cemetery and burial space in the parish.
The limitations of the current legislation
The review is gladly received as the current legislation is unfit for modern needs for multiple reasons. Firstly, the legislation only refers to two methods of disposal: (1) burial and (2) cremation. With the advent of technology, new methods of disposal are being developed and used abroad which the English law does not currently provide for. Legislation governing these traditional methods of disposal is arguably outdated, piecemeal and complex. The burial regulations currently differ depending on the party responsible for the burial ground creating inconsistency in application. Further, the absence of legal clarity can give rise to disagreements. Strangely, law does not mandate that a person’s wishes regarding their own disposal are adhered to which can lead to disputes between family members. This can be compounded by arguments often occasioned from the law’s deficiency in providing a position regarding entitlement to a person’s remains.
The proposals
The project is divided into three strands:
- Burial and cremation
The Law Commission intends to evaluate the law governing different types of burial grounds and crematoria including contemplating the possibility of grave reuse. The legislation is intended to address the issue of burial space being in scarce supply as well as the unresolved issues concerning what can be done with cremated ashes.
- New funerary methods
The Law Commission will consider a regulatory framework for new processes for dealing with a body after death, such as human composting and alkaline hydrolysis.
- Rights and obligations relating to funerary methods, funerals and remains
The third strand will consider whether a person should have a legal right to decide what happens with their body after death, who should have the right to make decisions about bodies and public health funerals.
Next steps
The following timeline has been set although this may be impacted now by the General Election.
- Burial and cremation has commenced and will continue until the end of 2025.
- New funerary methods will run from the beginning of 2024 to spring 2026.
- Rights and obligations relating to funerary methods, funerals and remains will be conducted from the end of 2025 to the end of 2027.
It is envisaged that for each strand of the project there will be a public consultation on a consultation paper. Each strand of the project will conclude with the publication of a report containing recommendations to government. It is intended that a draft Bill will be published for each strand.
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Anastasia Kell
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Amanda Timcke
Services
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at June 2024.