A comprehensive set of proposals aims to reform outdated burial and cremation laws in England and Wales.
- The Law Commission suggests reopening ancient churchyards for burials to address space shortages.
- New criminal offences are proposed for failing to disclose grave locations when selling private land.
- Proposals include addressing the issue of unclaimed ashes held by funeral directors.
- The government supports the reform, with a consultation open until January 2025.
In response to a pressing shortage of burial space, the Law Commission has put forward a series of proposals aimed at updating the laws governing burial and cremation in England and Wales. The current legal framework, some aspects of which are over 170 years old, does not effectively accommodate contemporary societal needs. A key proposal involves the reopening of numerous ancient churchyards, closed by law during the Victorian era, to provide burial sites closer to communities and cherished locations.
To prevent potential issues with private land sales, the commission proposes establishing a criminal offence for failing to provide information about grave locations. This move is designed to ensure transparency and respect for burial sites, safeguarding them for future generations.
The consultation document also delves into the issue of unclaimed ashes, which number in the hundreds of thousands across the country. While crematoria are permitted to dispose of uncollected ashes after 14 days, funeral directors do not currently have such authority, resulting in a large accumulation. The commission is seeking views on how to address this growing concern.
Additionally, the report highlights the lack of legal provisions for the disposal of pacemakers, removed before cremation, which further complicates the responsibilities of funeral directors. The proposed legal reforms aim to provide clarity and modernise the current system to better serve both the public and the death care industry.
Public consultation is a crucial part of this process, inviting feedback from all stakeholders including the general public, experts, and those involved in the death care sector. This inclusive approach seeks to build consensus and ensure the reforms reflect diverse perspectives and needs. The Law Commission intends to finalise its recommendations by the end of 2025, with government backing from junior justice minister Alex Davies-Jones, who has expressed interest in developing a modern regulatory framework.
These proposals represent a critical step towards modernising burial and cremation laws, ensuring they meet future societal needs.
