Four minute read
Last week, the Law Commission, published a consultation paper on reforming burial and cremation law in England and Wales. Now they are asking people for their views.
We asked Poppy’s CEO, Clare Montagu, to explain what the consultation is all about, how the law might change, and why Poppy’s welcomes this Law Commission project.
What’s going on?
Back in 2022, we heard the Law Commission was planning to examine the laws concerning burial and cremation in England and Wales and regarding the decisions people make about what happens to their bodies after death.
The Commission was also interested in the legal implications of introducing new technologies, such as natural organic reduction (also known as human composting).
This is obviously a huge and complex area, which is why the Law Commission divided the original project into three strands. Burial and cremation law reform is the strand which is currently being consulted on.
How long will this take?
It’s not a quick process! The whole project will take several years to complete.
In its consultation paper on burial and cremation law reform, the Law Commission outlined some proposals and raised some questions.
They are asking anyone with relevant, real-life experience, whether they work in the funeral sector or not, to share their views and experience in response to the paper between now and 9 January 2025.
By the end of 2025, the Commission will bring out a report on this strand with recommendations for Government, who can choose whether or not to accept them. Any changes in the law would then need to go before Parliament.
How has Poppy’s got involved?
When we first heard about this project, we got in touch with the Law Commission to offer our expertise. We invited Law Commission representatives to visit us at Poppy’s and to see the way that we care for the dead. We were delighted when they agreed.
Since then, we’ve been following the project’s progress and are keen to continue and extend the conversation.
Why is law reform needed? What problems could it solve?
The law surrounding burial is over-complicated, and full of inconsistencies between different types of burial grounds. Some of it was created over a hundred years ago and is not suited for today’s world. We agree with the Law Commission — it’s time to take a fresh look.
In particular, we are running out of space for new burials. A 2007 Ministry of Justice survey found that local authority cemeteries on average had only 30 years’ space left, with less in cities.
The Law Commission proposes introducing the ability to re-open old burial grounds and extending the ability to re-use graves. Re-using graves is already legally possible in some burial grounds, although it is much more common and widely understood in other countries than it is in the UK.
The paper lays out all the safeguards that would be in place to ensure that re-using graves can only happen after many decades and does not take place if any objections are raised. Find out more about re-using graves here.
Most funerals in England and Wales are cremations rather than burials, so this consultation also looks at where new crematoria can be built. This includes reviewing how close they can be situated to roads and houses.
Other elements of the law need addressing too. For example, the law around unclaimed ashes. Crematoria are allowed to scatter ashes which are not collected by relatives or friends, but funeral directors are not. This has led to many funeral directors keeping ashes for years.
At Poppy’s, we don’t collect ashes on behalf of clients, instead we put you in direct contact with your crematorium. So, although any changes in this area won’t affect us, we still support any suggested improvements that can benefit the sector as a whole. Read more about ashes here.
What are the bigger implications of this project?
I’ve been encouraged to see the Law Commission review being discussed on TV, radio and online. The more we talk about death in public, the more opportunities we have to dispel fears and myths about funeral care. A lack of transparency can also allow bad practice to go unchecked.
The project opens up big questions about how funeral practices in future can be more sustainable and environmentally friendly. We use a huge amount of land for burial, how can this be better managed?
At Poppy’s, we’d love to see new death care technologies play a role in cutting carbon emissions and making a positive impact on the planet — as they are already in other countries — but our current burial and cremation practices need to change too.
Above all, we want people to feel well informed about the choices they make and the services they receive. We welcome the Law Commission project because it brings us another step closer to a strong legal framework, that’s fit for the twenty-first century, which protects and empowers bereaved people to make the right decisions for them.
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