Difference between revisions of "What to Do After a Death in England or Wales"

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==The Department of Work and Pensions==
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Teresa Evans, campaigner for the Rights of the Bereaved at http://www.evansaboveonline.co.uk believes that information about caring for dead relatives and friends at home, and arranging funerals in England & Wales without commercial help, should be delivered from government to the public by default. 
  
The Department for Work and Pensions (DWP) leads the Government's response to some of the biggest issues facing the country - welfare and pension reform - and is a key player in tackling child poverty. It is the biggest public service delivery department in the UK and serves over 20 million customers.
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As it is not, she has created this page and continues to campaign to persuade relevant government agencies to do so.  She considers that information about what can legally be done privately after a death in England & Wales, is as valuable as other information pertaining to citizenship.
  
The DWP promotes that it plays a vital role in making a difference to millions of people in Great Britain every day, helping them to lead safer, fairer and more rewarding lives, free from poverty.
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'''When a death occurs'''
  
Job Centre Plus is part of the DWP that services, and is the government-funded employment agency facility and the social security office for working-age people in the UK.
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If the death occurs at home, contact the general practitioner who attended the person who has died during their last illness. The GP will confirm the death and issue a certificate stating the cause of death if there is no questionable circumstance. The GP may give you the certificate straight away or advise you to collect it from the surgery later.
  
The agency formed when the Employment Service, which operated Job Centres and existed alongside separate social security benefits offices, merged with the Benefits Agency to become and re-branded as Jobcentre Plus.
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If the death occurs in hospital, normally the doctor attending will issue the certificate to you or via the hospitals administration office.
It is an executive agency of the DWP and reports directly to the Minister of State for Employment and Welfare Reform.
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If a doctor attending is unable to state the cause of death, or where a medical practitioner had not recently attended to the person who has died, the local Coroner will be informed.
  
Part of Jobcentre's service is to deal with qualifying claimants of the social fund wishing to gain help covering funeral costs.  <ref>[http://www.jobcentreplus.gov.uk/jcp/Customers/WorkingAgeBenefits/008260.xml.html Customers Working Age Benefits] Jobcentre website, accessed 6th August 2009</ref>
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Should a post-mortem be ordered by a Coroner, please familiarise yourself with the post mortem guide produced by the Human Tissue Authority <ref>[https://www.hta.gov.uk/guidance-public/post-mortem-examinations] the Human Tissue Authority website, accessed 26 August 2017,</ref>
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When the body is released by the Coroner, you may return the person who has died directly home. There is no lawful requirement that one must employ, make a contract, with an undertaker (more commonly known as a funeral director). Whether hiring an undertaker or not, it will always be the person who has lawful possession of the body who “directs” what happens.
  
Jobcentre Plus produces a leaflet about making arrangements for a funeral entitled ‘what to do after a death in England or Wales’, (D1027). <ref>[http://www.jobcentreplus.gov.uk/JCP/stellent/groups/jcp/documents/websitecontent/dev_016117.pdf what to do after a Death in England or Wales] Jobcentre website, accessed 6th August 2009</ref>
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==''' What must and can be done'''==
  
The leaflet D1027 makes obvious to its readers, that one may carry out a funeral independent of a funeral undertaker, but points the public wishing to do so, to the Natural Death Centre (NDC), or their own Local Authority (LA).  
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The only legal requirement in the UK is that the death is certified and registered and the body "disposed" of (an insensitive legal term) by either burial, cremation or "any other means". The latter means for example donating a body to medical research.
  
This leaflet does not make obvious that a qualifying claimant of the social fund who is wishing to conduct their private arrangements independent of a funeral undertaker, may receive a payment made payable direct to themselves.  
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The law does not impose a duty on anyone to send the body away to a funeral home/parlour, have a funeral, or use a coffin or specially designed vehicle to transport it and the body.
  
The legislation relating to a Funeral Payment from the Social Fund does not require that the customer uses the services of a funeral director in order to receive a payment. It is possible for family and friends to organise a funeral without the help of a funeral director but anyone wishing to do so should contact the Cemeteries and Crematorium Department of their Local Authority for advice and guidance on how to proceed.<ref>[Julie Mint, Jobcentre Plus], in an email to Teresa Evans 2nd July 2008</ref>
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In some cases the person who has died may have planned their own funeral or means of “disposal” in advance. Check if there is a Will, or another form of advanced directive.  
  
The Natural Death Centre claims to be unique in providing the only independent funeral advice service in the UK. They provide information on all types of funeral choices, but are especially known for advice and support on family-organised, environmentally-friendly funerals, and Natural Burial Grounds.<ref>[http://www.naturaldeath.org.uk/ the Natural Death Centre (NDC)], NDC website, accessed 6th August 2009</ref>
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You can organise a funeral with or without the help of an undertaker and personalise it as much as you wish. If a decision is made to employ and make a contract with an undertaker, Citizens Advice provides basic, but sound advice about your rights as a consumer. <ref>[[https://www.citizensadvice.org.uk/relationships/death-and-wills/funeral-services/arranging-a-funeral/]], Citizens Advice website, accessed 05th October 2016,</ref>
  
Contrary to their claims, they are not the only independent funeral advisor, as there exists the Good Funeral Guide, which is the first independent consumer guide to the funeral industry with listings of best funeral directors and other best providers of services and merchandise.<ref>[http://goodfuneralguide.com/ Good Funeral Guide], good funeral guide website, accessed 6th August 2009</ref>
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'''Caring for the body'''
  
The NDC holds Charity status and for many years the NDC has managed to operate on a small budget, but in the summer of 2008 it hit financial difficulties. The trustees express thanks to the great efforts of volunteers and very generous donations received, that the NDC has now achieved financial stability. The NDC helpline will be answered Monday – Friday 11.00 am – 2.00 pm.<ref>[http://www.naturaldeath.org.uk/the Natural Death Centre (NDC)], NDC website, accessed 6th August 2009</ref>
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It is your right as a Citizen, to provide personal care of the body of the person who has died in the privacy of your own home or theirs. The same right applies, even when a body has undergone a post-mortem examination.  
  
Many years ago the Government issued all Local Authority managers of cemeteries and crematoriums, with a list of information they wanted displayed on council websites and one of the pages that E-Government wanted shown was details of caring for a deceased body (last offices), independent/DIY funerals (burials & cremations).<ref>[Angela Abbott, Milton Keynes gov] in an email to Teresa Evans 2nd April 2009</ref>
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It is often assumed that care of the body and a funeral must be delegated to an undertaker but some people find great comfort from being involved, partly or totally in the arrangements for a relative or friend.  
  
Each authority for cemeteries and crematoriums is independent of each other and determines their own opening hours. Milton Keynes Crematorium is managed between Monday to Friday 9.00 am to 5.00 pm. They have one member of staff on site from 11.00 am – 3.00 pm every Saturday, Sundays and Bank Holidays, except Christmas Day and Boxing Day when they are open from 9.00 am – 1.00 pm.  
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If the death occurs in hospital, the mortician may agree to keep the body of the person who has died in the hospital mortuary until preferred arrangements have been made, and possibly at no charge.  
  
If families wish to make an appointment for particular advice at a weekend this can normally be co-ordinated either with the manager or a member of her team, all they will ask is that this is booked a couple of days in advance.
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Whether the death occurs at home or elsewhere, the body could be kept in a well ventilated, cool room. Alternatively, an undertaker may agree to provide the mortuary facility, though be mindful that he/she would be providing a service and that you have consumer protection.
(Email)<ref>[Angela Abbott, Milton Keynes gov] in an email to Teresa Evans 2nd April 2009</ref>
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For detailed guidance on how to handle, bathe and transport the body, a free download entitled ‘Undertaken with Love’ is available at Undertaken with love. This is a guide created by an American home funeral movement, but the principles are the same.<ref>[http://homefuneraldirectory.com/wp-content/uploads/UndertakenWithLove_final.pdf], Home Funeral Directory website, accessed 05th October 2016,</ref>  
  
==The Department of Health==
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Alternatively, a nurse may be willing to assist. 
  
The Department of Health (DH) exists to improve the health and wellbeing of people in England.
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'''Registering a death'''
The DH works to define policy and guidance for delivering a social, public and health care system that provides care equally for all, whilst enabling people to retain their independence, control and dignity.
 
In 2005, the DH published a document that had been developed for the NHS to provide advice on the basic principles and elements considered necessary in developing bereavement services locally. The advice also described actual experiences and practical solutions already in place in some Trusts.
 
<ref>[http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4122193.pdf, When a patient dies: Advice on developing bereavement services in the NHS], DH website, accessed 12th August 2009,</ref>
 
  
In August 2006, the DH published good practice guidance for NHS Mortuary staff.
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Unless a Coroner has taken an interest in a death, all deaths need to be registered with the registrar for births, deaths and marriages. This must be done within five days in England &Wales.
This guidance is, intended to provide a resource for professionals, those managing and working in NHS mortuaries, which they can use to review their practice and protocols for best practice. It is hoped by the DH, that this will ensure local systems are set up to minimise the opportunities for error, and ensure they reflect the underlying principles of care and respect in all areas of their work. <ref>[http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4137969 Care and Respect in Death], DH website, accessed 7th August 2009</ref>
 
  
Care and respect guidance includes information about caring for a deceased body, and makes obvious to staff that the bereaved are able to provide this care themselves, coupled with the knowledge that the bereaved may collect a body from a mortuary with their own suitable casket and vehicle, independent of a funeral undertaker.  
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The next of kin or person arranging the “disposal” must take the certificate issued by the doctor to the Registrar of Births and Deaths within five days of the death. Most Registrars' operate an appointment system, so it is worthwhile telephoning your local district office first.
This information is not contained or conveyed in the leaflet intended to better inform the bereaved of suicide, and other sudden, traumatic deaths entitled ‘Help is at Hand’.
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When you register the death, make sure that all the details are given fully and correctly, as it is very difficult getting any changes made later. It is also advisable to obtain extra copies of the death certificate at this time in order to be able to claim the assets of the person who has died at a later date.
  
Help is at Hand, 2008 edition, is intended as a tool aimed at the wide range of people who are affected by suicide or other sudden, traumatic death. The DH consider that it aims is first to help people who are unexpectedly bereaved in this way. It is also intended to provide information for healthcare and other professionals who come into contact with bereaved people, to assist them  in providing help and to suggest how they themselves may find support if they need it.
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If the Coroner has been involved, and an inquest is to be held, then they will issue a form to the Registrar who will issue a Coroners Order for burial.
  
The Help is at Hand guide incorporates a paragraph on directing the bereaved wishing to make their own private arrangements to the NDC, and their LA.<ref>[http://www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_092247.pdf, Help is at hand: a resource for people bereaved by suicide and other sudden, traumatic death (2008 edition)] The DH website, accessed 7th August 2009</ref>
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When an inquest is not held, the nearest surviving relative can register the death only when the Coroner has confirmed the cause of death to the Registrar.
  
Despite much guidance produced by the DH, the Healthcare Commission published a report entitled ‘Spotlight of Complaints’ in January 2007, which identified that over half of the 17,000 complaints received related to end of life care, after death care and care of newly bereaved people.<ref>[http://www.nursingtimes.net/nursing-practice-clinical-research/acute-care/evaluating-last-offices-care-and-working-to-improve-services-for-newly-bereaved-relatives/5002661.article, Nursing Times], Nursing Times.net website, accessed 13th August 2009</ref>
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'''Statutory forms'''
<ref>[Paul Douglas – enquiries Care Quality Commission] in an email to Teresa Evans 12th August 2009</ref>
 
  
==The Ministry of Justice==
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Before any burial or cremation can take place, certain forms are required by law to be submitted to the burial or cremation authority. The Bereavement Services Officer in your own Local Authority can discuss exactly what is required.
  
Part of the Ministry’s role is a responsibility for the law and policy, governing coroners and deal with the operation of the current coroner system. Their responsibilities include cross-government liaison on coroner matters; queries and advice to ministers, coroners, local authorities and the public; liaison with coroners and bereavement groups.
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Please be mindful, that you do not have to send the body away to a commercial premises / funeral home, and that you may keep the body at home until the day of the arranged burial or cremation or other means of “disposal”.  
  
The Ministry of Justice is planning to issue a replacement combined booklet bringing together and updating the information currently included in the two leaflets ‘The Work of the Coroner’ and ‘When Sudden Death Occurs’ which was published by the Home Office for the former Department for Constitutional Affairs whose responsibilities have now passed to the Ministry for Justice.<ref>[http://www.dca.gov.uk/corbur/sudden_death.pdf When Sudden Death Occurs], Department for Constitutional Affairs, accessed 7th August 2009</ref>
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'''Transportation'''
  
The current booklet entitled ‘when sudden death occurs’, contains several sections which relate to arranging a funeral, post mortem and Inquests.
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It is your right to transport the body of the person who has died in a suitable vehicle.
  
If a post mortem reveals that the death was due to natural causes and that an inquest is not needed, the coroner will release the body and the next of kin can register the death. The funeral can then take place. If there is to be an inquest, the coroner can normally issue a burial order or cremation certificate after the post mortem is completed. If charges have been brought against somebody for causing the death, it may be necessary to have a second post mortem or further investigations, and the release of the body and the funeral arrangements will be delayed.
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Where the body has to be removed from a hospital, remember to contact the mortician first.  It is reasonable for a mortician to ask that a form be signed, but cannot insist on sight of evidence that a funeral has been arranged and that a death has been registered.  
  
If the death was due to natural causes, the coroner will inform the registrar and the death can be registered and a Death Certificate issued. But, if there is to be an inquest, an Interim Certificate of Fact of Death can be issued by the coroner to assist in the administration of the estate. When the inquest is completed, the coroner will notify the registrar. A Death Certificate can then be obtained.
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If you intend to use an estate car, van or people carrier ensure the coffin or container if used, will fit in it.  
  
The current booklet makes no reference to rights of the bereaved which pertain directly to information about caring for a deceased relative at home, whether the death was caused by natural or unnatural death, or collecting and transporting a deceased person with their own suitable casket and vehicle.
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There is a duty to inform the Coroner before moving a body out of England & Wales (treated as one area).
  
The new booklet is intended as a means to remove the overlap in the information provided. As with the existing leaflets this new booklet is intended to be distributed by coroners to bereaved families.(email) <ref>[Richard Gill, Ministry of Justice] in an email to Teresa Evans 8th April 2009</ref>
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Carrying a body over private land does not create a public footpath. Undertakers once stuck pins in gates as token “toll” payments for walking over private land, meaning that they realised no public footpath or right of way was being created.
  
The situation on the 'guide' that is to be published is that as yet there is no publication date. The Ministry has received lots of comments from different organisations and they are receiving careful consideration. (Email)<ref>[Richard Gill, Ministry of Justice], in an email to Teresa Evans 25th June 2009</ref>
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It is a myth to believe there can be no trespass when carrying a body over private land.
 
Teresa Evans, campaigner for the Rights of the Bereaved at www.evansaboveonline.co.uk , expresses that she has reservations that both the NDC and Local Authorities will in every circumstance, meet the needs of practical arrangements for bereaved people. She is especially concerned about the bereaved who have lost a relative to suicide, and other sudden, traumatic death, or in some circumstances, outside of their home district. <ref>[http://www.evansaboveonline.co.uk/ evansaboveonline], evansaboveonline website, accessed 6th August 2009</ref>
 
  
In December 2006, Sir David Varney published his report to HM Treasury’s Chancellor of the Exchequer on Service Transformation: a Better Service for Citizens and Business’s, a Better Deal for Taxpayers. One of Sir David’s ideas was that government should set up a change in circumstances service so that citizens could report changes in their lives to government just once.
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It is illegal for priests to charge extra for a funeral for someone brought into their parish.
  
From this report, the DWP created the ‘Tell Us Once’ project and the first areas the team have been asked to look at include the reporting of a death.
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You will need help to handle a coffin.  
  
Reporting the death of a loved one to the various government services that may have had a relationship with the person who has died is often a difficult and time consuming task. Government, in particular, often expects citizens to navigate their own way around the many islands of service delivery, often without a map, and at a time when people may be least able to do it. Tell Us Once is aiming to make that journey easier.<ref>[Andy Carroll, DWP], in an email to Teresa Evans 27th March 2008</ref>
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For a cremation service you will either need to arrange for a minimum of four people to carry the coffin into the Chapel or arrange for an undertaker to provide staff to do so. An undertaker may agree to provide staff, though be mindful that he/she would be providing a service and that you have consumer protection.  
 
Many organisations already provide their own advice and information on what to do when someone dies. Although well intended this can lead to the inconsistencies, errors and apparent selectivity of content as each organisation reflects its own views and strategies within their leaflets. It also causes a lot of duplication of effort as much of the core information given is essentially the same and could therefore be captured in one place.
 
  
One outcome that the team of the project is working toward, is the collation of standard and consistent advice on what to do after a death that can be accessed easily.  For example, they are working with Directgov to develop a web based service that will (eventually) enable people to report a death to government services over the internet, should they choose to do it in that way. Part of that service will be the development of a 'Show Me How' information store that will enable citizens to access the information they need from one source.
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The recommendation is the same is for a burial and to lower the coffin into a grave.  
  
Andy Carroll, leader of the project team, would expect that service to build on the existing information that is available on the Directgov site under its existing Rights and Responsibilities section.<ref>[Andy Carroll, DWP], in an email to Teresa Evans 27th March 2008</ref>
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All people intending to carry and/or lower the coffin into a grave in a public or privately owned burial ground or crematorium may be asked to complete a disclaimer to release responsibility.
  
==The case for a single definitive guide==
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==Funding==
  
In light of the Varney review, Teresa Evans considers that all relevant central government agencies, which include the DWP, the Department of Health (DH) and the Ministry of Justice (MJ), collaborate in drafting one definitive guide about what to do privately after a death in England or Wales, as opposed to the array of limited information that is currently available.  
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None. Social Venture
  
Teresa Evans believes that a definitive guide could prove invaluable in how to prepare a body for burial or cremation (last Offices), alongside information that makes it obvious to the bereaved that they may collect the deceased body from a mortuary, (if the person has died away from home), with their own suitable casket and vehicle, and conduct their own funeral either by burial or cremation. Further she believes that this information should be delivered by ‘default’.
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===Contact===
  
It is her idea that this approach could possibly save the taxpayer from a great deal of wasted money best spent elsewhere.<ref>[http://www.evansaboveonline.co.uk/ evansaboveonline], evansaboveonline website, accessed 6th August 2009</ref>
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:Address:
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:Phone:
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:Email: goodevans06(at)aol.com
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:Website: http://www.evansaboveonline.co.uk
  
 
===Resources===
 
===Resources===

Latest revision as of 14:55, 29 August 2017

Teresa Evans, campaigner for the Rights of the Bereaved at http://www.evansaboveonline.co.uk believes that information about caring for dead relatives and friends at home, and arranging funerals in England & Wales without commercial help, should be delivered from government to the public by default.

As it is not, she has created this page and continues to campaign to persuade relevant government agencies to do so. She considers that information about what can legally be done privately after a death in England & Wales, is as valuable as other information pertaining to citizenship.

When a death occurs

If the death occurs at home, contact the general practitioner who attended the person who has died during their last illness. The GP will confirm the death and issue a certificate stating the cause of death if there is no questionable circumstance. The GP may give you the certificate straight away or advise you to collect it from the surgery later.

If the death occurs in hospital, normally the doctor attending will issue the certificate to you or via the hospitals administration office. If a doctor attending is unable to state the cause of death, or where a medical practitioner had not recently attended to the person who has died, the local Coroner will be informed.

Should a post-mortem be ordered by a Coroner, please familiarise yourself with the post mortem guide produced by the Human Tissue Authority [1] When the body is released by the Coroner, you may return the person who has died directly home. There is no lawful requirement that one must employ, make a contract, with an undertaker (more commonly known as a funeral director). Whether hiring an undertaker or not, it will always be the person who has lawful possession of the body who “directs” what happens.

What must and can be done

The only legal requirement in the UK is that the death is certified and registered and the body "disposed" of (an insensitive legal term) by either burial, cremation or "any other means". The latter means for example donating a body to medical research.

The law does not impose a duty on anyone to send the body away to a funeral home/parlour, have a funeral, or use a coffin or specially designed vehicle to transport it and the body.

In some cases the person who has died may have planned their own funeral or means of “disposal” in advance. Check if there is a Will, or another form of advanced directive.

You can organise a funeral with or without the help of an undertaker and personalise it as much as you wish. If a decision is made to employ and make a contract with an undertaker, Citizens Advice provides basic, but sound advice about your rights as a consumer. [2]

Caring for the body

It is your right as a Citizen, to provide personal care of the body of the person who has died in the privacy of your own home or theirs. The same right applies, even when a body has undergone a post-mortem examination.

It is often assumed that care of the body and a funeral must be delegated to an undertaker but some people find great comfort from being involved, partly or totally in the arrangements for a relative or friend.

If the death occurs in hospital, the mortician may agree to keep the body of the person who has died in the hospital mortuary until preferred arrangements have been made, and possibly at no charge.

Whether the death occurs at home or elsewhere, the body could be kept in a well ventilated, cool room. Alternatively, an undertaker may agree to provide the mortuary facility, though be mindful that he/she would be providing a service and that you have consumer protection. For detailed guidance on how to handle, bathe and transport the body, a free download entitled ‘Undertaken with Love’ is available at Undertaken with love. This is a guide created by an American home funeral movement, but the principles are the same.[3]

Alternatively, a nurse may be willing to assist.

Registering a death

Unless a Coroner has taken an interest in a death, all deaths need to be registered with the registrar for births, deaths and marriages. This must be done within five days in England &Wales.

The next of kin or person arranging the “disposal” must take the certificate issued by the doctor to the Registrar of Births and Deaths within five days of the death. Most Registrars' operate an appointment system, so it is worthwhile telephoning your local district office first. When you register the death, make sure that all the details are given fully and correctly, as it is very difficult getting any changes made later. It is also advisable to obtain extra copies of the death certificate at this time in order to be able to claim the assets of the person who has died at a later date.

If the Coroner has been involved, and an inquest is to be held, then they will issue a form to the Registrar who will issue a Coroners Order for burial.

When an inquest is not held, the nearest surviving relative can register the death only when the Coroner has confirmed the cause of death to the Registrar.

Statutory forms

Before any burial or cremation can take place, certain forms are required by law to be submitted to the burial or cremation authority. The Bereavement Services Officer in your own Local Authority can discuss exactly what is required.

Please be mindful, that you do not have to send the body away to a commercial premises / funeral home, and that you may keep the body at home until the day of the arranged burial or cremation or other means of “disposal”.

Transportation

It is your right to transport the body of the person who has died in a suitable vehicle.

Where the body has to be removed from a hospital, remember to contact the mortician first. It is reasonable for a mortician to ask that a form be signed, but cannot insist on sight of evidence that a funeral has been arranged and that a death has been registered.

If you intend to use an estate car, van or people carrier ensure the coffin or container if used, will fit in it.

There is a duty to inform the Coroner before moving a body out of England & Wales (treated as one area).

Carrying a body over private land does not create a public footpath. Undertakers once stuck pins in gates as token “toll” payments for walking over private land, meaning that they realised no public footpath or right of way was being created.

It is a myth to believe there can be no trespass when carrying a body over private land.

It is illegal for priests to charge extra for a funeral for someone brought into their parish.

You will need help to handle a coffin.

For a cremation service you will either need to arrange for a minimum of four people to carry the coffin into the Chapel or arrange for an undertaker to provide staff to do so. An undertaker may agree to provide staff, though be mindful that he/she would be providing a service and that you have consumer protection.

The recommendation is the same is for a burial and to lower the coffin into a grave.

All people intending to carry and/or lower the coffin into a grave in a public or privately owned burial ground or crematorium may be asked to complete a disclaimer to release responsibility.

Funding

None. Social Venture

Contact

Address:
Phone:
Email: goodevans06(at)aol.com
Website: http://www.evansaboveonline.co.uk

Resources

Notes

  1. [1] the Human Tissue Authority website, accessed 26 August 2017,
  2. [[2]], Citizens Advice website, accessed 05th October 2016,
  3. [3], Home Funeral Directory website, accessed 05th October 2016,