Difference between revisions of "What to Do Privately After a Death in England or Wales"
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==What to do after a death== | ==What to do after a death== | ||
| − | + | '''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. | |
| − | + | When a death occurs in, or outside of a hospital, and the doctor attending is unable to state the cause of death, or where a medical practitioner had not recently attended to the deceased, the Coroner will be informed. Should a post mortem be ordered by a Coroner, please familiarise yourself with the post mortem guide produced by the Department of Health. <ref>[http://www.dh.gov.uk/dr_consum_dh/groups/dh_digitalassets/@dh/@en/documents/digitalasset/dh_4054750.pdf A simple guide to post mortem], the Department of Health website, accessed 1st February 2010.</ref> | |
| − | + | Specifically note that your consent is needed if organs or human tissue is taken from the person who has died and is to be retained. | |
| − | + | When the body of a person who has died is released, you may return the person directly home. There is no lawful requirement that one must employ a funeral undertaker. | |
| − | ''' | + | '''What the law says''' |
| − | + | The only legal requirement in the UK regarding death is that the body is not abandoned and the death is certified and registered. | |
| − | + | The next of kin or person arranging a funeral 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. The Bereavement Services Officer in your own Local Authority can discuss exactly what is required. | |
| − | + | When you register the death, make sure that all the details are given fully and correctly, as it can be 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 assets of the person who has died at a later date. | |
| − | + | If a 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. | |
| − | |||
| − | + | '''Collecting a body''' | |
| − | |||
| − | |||
| − | + | The NHS cannot lawfully impose preconditions upon persons entitled to collect the body of the person who has died from a hospital ward or a mortuary. Therefore a member of staff cannot insist on sighting death registration documents to release a body. To insist otherwise is likely to amount to an unlawful precondition and could result in court action. It is a common law offence to prevent “lawful possession” until any funeral arrangements have been made. (Williams v Williams 1882 51 LJ Ch 388; R v Fox 1841 114 ER 96; R v Scott 1842 114 ER 97) | |
| + | They may however, ‘request’ that a form be signed or to produce some identification of the person who has died. | ||
| − | '' | + | The law does not require that a coffin is used but many people do so. A shroud may be a suitable alternative. The body must not be exposed either naked in public or to deliberately shock anyone, however there is no legal requirement to hide the body. Local councils can "permit uncoffined burials" which simply means that burial depths of 3'0" or 2'0" are measured from the "wrappings" rather than the coffin lid (1977 LA Cemeteries Order Sch.2 Part 1 para.8). You will need a minimum of four people to carry the coffin. |
| + | There is no requirement in law that a special vehicle is used to collect a body, however it is advisable that a suitably sized vehicle is used. | ||
| + | If you intend to use an estate car, van or people carrier ensure that it is adequate in size to accommodate a coffin or container if used. You will require help to handle a coffin. | ||
| + | There is no special licence for this purpose. | ||
| − | + | There is no legal requirement to obtain a special licence to transport the body of the person who has died. | |
| − | |||
| − | |||
| − | |||
| − | ''' | + | '''The wishes of the person who has died''' |
| − | + | Remember to check the persons will or anything else they may have written about their funeral preferences. However in law their preferences are not instructions so do not have to be followed. More often than not preferences are agreed to out of love and respect. If there are no clear wishes it's up to (a) the person responsible for the will, (b) the nearest relative or (c) whoever is paying for the funeral. | |
| − | '''Care of the | + | '''Care of the person who has died until the funeral''' |
| − | If the death occurs in hospital, the mortician may agree to keep the | + | If the death occurs in hospital, the mortician may agree to keep the person who has died in the hospital mortuary until the day of the funeral, possibly at no charge. If the death occurs at home, a local funeral undertaker may agree to provide the mortuary facility. Alternatively the person could be kept in a well ventilated, cool room. |
| − | A coffin can be purchased from a funeral undertaker or directly from a coffin manufacturer. Many manufacturers can be found online. Alternatively it is possible to make a coffin providing it conforms to the crematorium's regulations. You can locate | + | A coffin can be purchased from a funeral undertaker or directly from a coffin manufacturer. Many manufacturers can be found online. Alternatively it is possible to make a coffin providing it conforms to the crematorium's regulations. You can locate templates online too. |
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://www.undertakenwithlove.org Download or Buy Undertaken with Love], Undertaken with Love website, accessed 1st February 2010,</ref> | 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://www.undertakenwithlove.org Download or Buy Undertaken with Love], Undertaken with Love website, accessed 1st February 2010,</ref> | ||
| + | Alternatively the Alice Barker Trust offer accurate, impartial guidance and can be reached on 01423-530900 and 01423-868121. | ||
| − | ''' | + | '''The funeral''' |
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| − | |||
| + | You can organise a funeral with or without the help of a funeral undertaker and personalise it as much as you wish. In some cases the person who has died may have planned their own funeral in advance. If a funeral undertaker is to be employed, remember that you have consumer protection and you are the director of these events at all times. Consumer Direct provide good consumer advice on the funeral pages of its website.<ref>[http://www.consumerdirect.gov.uk/before_you_buy/thinking_about/funerals/ Consumer Direct Funerals], Consumer Direct website, accessed 30 April 2010</ref> Further consumer information can be obtained at your nearest Citizen Advice Bureau. | ||
| + | |||
'''The service''' | '''The service''' | ||
| − | For a cremation service you will either need to arrange for a minimum of four people to carry the coffin into the Chapel | + | For a cremation service you will either need to arrange for a minimum of four people to carry the coffin into the Chapel. Some funeral undertakers will provide staff to do so. |
| − | For a burial, should a family wish to lower the coffin into | + | For a burial, should a family wish to lower the coffin into a grave, you will need to arrange for a minimum of four people to carry the coffin. Again some funeral undertakers can provide staff to do so. |
All people intending to carry or lower the coffin might be asked to complete a disclaimer provided by the bereavement service. | All people intending to carry or lower the coffin might be asked to complete a disclaimer provided by the bereavement service. | ||
| + | |||
| + | '''Funerals outside of England and Wales''' | ||
| + | |||
| + | You'll need permission from a coroner in the local district before a body can be moved out of England and Wales, including abroad. The rules are complicated but the coroner's office will be able to provide information. Also, there are specialist funeral undertakers who should be able to help in these circumstances. The coroner will need at least four working days before the body is to be moved and will issue a removal notice (form 104), part of which is sent to the Registrar of Births Deaths & Marriages. | ||
| + | No boundary fees exist. | ||
==Funding== | ==Funding== | ||
| Line 74: | Line 74: | ||
:Address: | :Address: | ||
| − | :Phone: | + | :Phone:07786712198 |
:Email: goodevans06(at)aol.com | :Email: goodevans06(at)aol.com | ||
Revision as of 09:54, 30 April 2010
Teresa Evans, campaigner for the Rights of the Bereaved at http://www.evansaboveonline.co.uk believes that information about home care funerals should be delivered to the bereaved by default. As it is not, she has created this page, and continues to campaign to convince the relevant government officials to consider that information as valuable is as other information pertaining to citizenship.
What to do after a death
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.
When a death occurs in, or outside of a hospital, and the doctor attending is unable to state the cause of death, or where a medical practitioner had not recently attended to the deceased, the Coroner will be informed. Should a post mortem be ordered by a Coroner, please familiarise yourself with the post mortem guide produced by the Department of Health. [1] Specifically note that your consent is needed if organs or human tissue is taken from the person who has died and is to be retained.
When the body of a person who has died is released, you may return the person directly home. There is no lawful requirement that one must employ a funeral undertaker.
What the law says
The only legal requirement in the UK regarding death is that the body is not abandoned and the death is certified and registered.
The next of kin or person arranging a funeral 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. The Bereavement Services Officer in your own Local Authority can discuss exactly what is required.
When you register the death, make sure that all the details are given fully and correctly, as it can be 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 assets of the person who has died at a later date.
If a 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.
Collecting a body
The NHS cannot lawfully impose preconditions upon persons entitled to collect the body of the person who has died from a hospital ward or a mortuary. Therefore a member of staff cannot insist on sighting death registration documents to release a body. To insist otherwise is likely to amount to an unlawful precondition and could result in court action. It is a common law offence to prevent “lawful possession” until any funeral arrangements have been made. (Williams v Williams 1882 51 LJ Ch 388; R v Fox 1841 114 ER 96; R v Scott 1842 114 ER 97) They may however, ‘request’ that a form be signed or to produce some identification of the person who has died.
The law does not require that a coffin is used but many people do so. A shroud may be a suitable alternative. The body must not be exposed either naked in public or to deliberately shock anyone, however there is no legal requirement to hide the body. Local councils can "permit uncoffined burials" which simply means that burial depths of 3'0" or 2'0" are measured from the "wrappings" rather than the coffin lid (1977 LA Cemeteries Order Sch.2 Part 1 para.8). You will need a minimum of four people to carry the coffin. There is no requirement in law that a special vehicle is used to collect a body, however it is advisable that a suitably sized vehicle is used. If you intend to use an estate car, van or people carrier ensure that it is adequate in size to accommodate a coffin or container if used. You will require help to handle a coffin. There is no special licence for this purpose.
There is no legal requirement to obtain a special licence to transport the body of the person who has died.
The wishes of the person who has died
Remember to check the persons will or anything else they may have written about their funeral preferences. However in law their preferences are not instructions so do not have to be followed. More often than not preferences are agreed to out of love and respect. If there are no clear wishes it's up to (a) the person responsible for the will, (b) the nearest relative or (c) whoever is paying for the funeral.
Care of the person who has died until the funeral
If the death occurs in hospital, the mortician may agree to keep the person who has died in the hospital mortuary until the day of the funeral, possibly at no charge. If the death occurs at home, a local funeral undertaker may agree to provide the mortuary facility. Alternatively the person could be kept in a well ventilated, cool room.
A coffin can be purchased from a funeral undertaker or directly from a coffin manufacturer. Many manufacturers can be found online. Alternatively it is possible to make a coffin providing it conforms to the crematorium's regulations. You can locate templates online too.
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.[2] Alternatively the Alice Barker Trust offer accurate, impartial guidance and can be reached on 01423-530900 and 01423-868121.
The funeral
You can organise a funeral with or without the help of a funeral undertaker and personalise it as much as you wish. In some cases the person who has died may have planned their own funeral in advance. If a funeral undertaker is to be employed, remember that you have consumer protection and you are the director of these events at all times. Consumer Direct provide good consumer advice on the funeral pages of its website.[3] Further consumer information can be obtained at your nearest Citizen Advice Bureau.
The service
For a cremation service you will either need to arrange for a minimum of four people to carry the coffin into the Chapel. Some funeral undertakers will provide staff to do so.
For a burial, should a family wish to lower the coffin into a grave, you will need to arrange for a minimum of four people to carry the coffin. Again some funeral undertakers can provide staff to do so.
All people intending to carry or lower the coffin might be asked to complete a disclaimer provided by the bereavement service.
Funerals outside of England and Wales
You'll need permission from a coroner in the local district before a body can be moved out of England and Wales, including abroad. The rules are complicated but the coroner's office will be able to provide information. Also, there are specialist funeral undertakers who should be able to help in these circumstances. The coroner will need at least four working days before the body is to be moved and will issue a removal notice (form 104), part of which is sent to the Registrar of Births Deaths & Marriages. No boundary fees exist.
Funding
None. Not for Profit
Contact
- Address:
- Phone:07786712198
- Email: goodevans06(at)aol.com
- Website: http://www.evansaboveonline.co.uk
Resources
Notes
- ↑ A simple guide to post mortem, the Department of Health website, accessed 1st February 2010.
- ↑ Download or Buy Undertaken with Love, Undertaken with Love website, accessed 1st February 2010,
- ↑ Consumer Direct Funerals, Consumer Direct website, accessed 30 April 2010
