Public health funerals are provided by local authorities for people who have passed away and have no next of kin, or whose next of kin, relatives or friends are unable or unwilling to make the necessary arrangements for a funeral. They are designed to protect public health and are important in ensuring that all individuals are treated with dignity and respect, regardless of their circumstances.

The Public Health (Control of Disease) Act 1984 (‘the Act’) places a statutory duty on local authorities to arrange for a burial or cremation where no suitable alternative arrangements are being made. However, the Act does not define how local authorities should carry out this duty – meaning there is considerable flexibility in how these funerals are delivered.

Public health funerals are delivered and funded by local authorities (although local authorities can recover their costs from the estate of the deceased). For deaths that occur in hospital, NHS Trusts are advised to develop their own policy which takes into account their local authority protocol and work together to ensure a respectful burial or cremation as efficiently as possible.

What is legally required of local authorities?

Section 46, ‘Burial and Cremation’ of the Act requires that:

It shall be the duty of a local authority to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.

Local authorities, are therefore responsible for arranging a burial or cremation where a person has died or who has been found dead in their area (though may not live there), and it is apparent that this will not be carried out otherwise. Local authorities also have responsibilities where the deceased were provided with accommodation in care settings.

The Act also stipulates:

·      The deceased should not be cremated where the local authority has reason to believe that would be contrary to the wishes of the deceased. It is therefore important to be mindful of any indications of the deceased’s preferred method for their final committal, including any requirements they had in relation to their religion or belief.

·      A local authority may recover, from the estate of the deceased person, the expenses incurred in the provision of a public health funeral. The Act also stipulates that this is recoverable as civil debt by proceedings brought within three years after the sum becomes due.

Local authorities will have varying approaches in meeting the legal requirements set out above and certain practices carried out in one authority may not be suitable for another as policies will be influenced by local circumstances.

• Ensure the deceased are treated with dignity and respect
• Ensuring dignity and respect of the deceased, regardless of their circumstances, is of the utmost importance when delivering public health funerals.
• Minimise public health risks
• Be considerate of the bereaved
• Make efforts to find the next of kin and keep them informed of arrangements

wherever possible, take steps to locate the next of kin. Engaging with them sensitively and keeping them informed of arrangements is both important for them and for ensuring dignity and respect for the deceased.

• Recoup costs as far as possible

Wherever possible it is important to attempt to recover expenses for public health funerals to minimise costs to the taxpayer. Besides secured debts (e.g. mortgages), funeral costs are the first charge on an estate and the 1984 Act enables cost recovery.

• Be transparent

It is good practice to make the local authority’s public health funeral policy publicly available and accessible, and to provide information on local arrangements for anyone requesting it. See section 7 for further information.

Local authorities: Have a duty to cremate or bury the deceased in line with provisions of the Public Health (Control of Diseases) Act 1984.
 
In most cases funeral directors will administer the public health funeral on behalf of the local authority. Funeral directors should notify local authorities as soon as possible if they think they have someone in their care who may require a public health funeral, for example if no next of kin have come forward.
 
NHS Trusts: For deaths that occur in a hospital, NHS Trusts should develop their own policy which takes into account their LA protocol and work together to ensure a respectful burial or cremation is delivered as efficiently as possible.
 
Coroners: Will release the body to the next of kin when it is no longer required for their investigation. Where there is no identified next of kin or other person who will take responsibility for disposal, the coroner will refer the deceased to the local authority.
 
  Care homes and nursing homes: Will refer the deceased to the local authority for a public health funeral where they have no known next of kin. It is helpful to inform local care and nursing homes if a contracted funeral director is in place for public health funerals.
 
  Executors of the deceased’s will: Administers the estate and is responsible for organising a funeral if there is a valid will and no next of kin.

It is important that the local authority is notified as soon as possible where there is reason to believe a public health funeral may be required. Notification can be given by the family or a friend of the deceased, nursing or care home, coroner or the police. The steps taken will then vary depending on the referral route and specifics of the case.

Making a reasonable attempt to find the next of kin

What is legally required of local authorities?

There is no legal requirement to locate next of kin, but it is good practice to try to do so in order to inform the bereaved that their relative has passed away, and to provide families with the option of organising the funeral themselves should they wish to.

The next of kin can also play an important role in advising authorities of the deceased’s personal wishes, including any requirements they had in relation to their religion or beliefs, which can help to determine whether a burial or cremation is more appropriate.

What steps can be taken to find next of kin?

There are different methods available to local authorities to trace the deceased’s family – these are set out below, though the specific approach taken will depend on local circumstances and each individual case.

Search local records

Searching any records held by the local authority or by other local organisations on the deceased is a helpful first step in locating the next of kin. These can include any records held locally such as:

·      Medical records held by hospitals or their GP.

·      Housing records – housing services, Land Registry.

·      Social services

·      Care or nursing home (if applicable)

·      Registrar’s office for details of birth / marriage(s)

·      Council Tax

·      Electoral roll

·      Cemetery and crematorium registers

·      Local telephone directory

·      Missing persons registers

If the deceased has died locally but was known to have lived in another area, a request for any records can be made to the relevant local authority.

• Speak to the deceased’s friends or acquaintances
• Any known friends, acquaintances or neighbours of the deceased may also be able to help with providing details on the next of kin.
• Look for documents or records in the deceased’s property or residence
• Online research
• Using a genealogist

Some local authorities opt to use the services of a professional genealogist or researcher. If using a genealogist, it is important to carry out due diligence to help ensure satisfaction with the provider.

What constitutes a ‘reasonable’ attempt?

While good practice, there is no legal requirement to locate the next of kin, and so local authorities will need to make decisions on whether to do this and, if so, how much time and resource to invest based on the nature of the case and the situation locally. It is suggested that local authorities set a target timeframe to locate the next of kin and include this in any written policy on public health funerals.

Reasonable costs

Local authorities are advised to ensure that all funeral arrangements are the most cost-effective and value for money, whilst maintaining the dignity of the deceased and the bereaved.

Recouping costs

This section sets out local authorities’ rights regarding recouping the costs of a public health funeral and guidance on recovering those costs. It is important to recoup costs wherever possible to minimise expense to the local authority and ultimately the taxpayer.

Funding a public health funeral

The costs of a public health funeral can be recouped from the deceased’s estate. However, in some cases, the deceased may have no estate from which costs can be recovered, meaning that the whole cost of the funeral is borne by the local authority.

From the point at which a deceased person is referred to the local authority for a possible public health funeral.

Local authorities’ legal right to recoup costs

The Public Health (Control of Diseases) Act 1984 provides the local authority with the legal right to recoup the cost of the public health funeral from the deceased’s estate. Under the Act, the costs can be claimed as civil debt, provided that proceedings are brought within three years after the sum becomes due (the date of the funeral).

Local authorities are not responsible for managing the deceased’s estate, beyond their right to recoup funeral costs.

What constitutes eligible costs?

Local authorities have the right to reclaim the cost of ‘expenses incurred’ for the deceased’s funeral, and it is important that all costs are reasonable. Local authorities cannot claim additional monies to cross-subsidise the costs of other funerals. Costs can include anything connected with the burial or cremation, as well as reasonable ancillary costs. For example:

·      the cost of the funeral including burial/cremation fees;

·      time spent registering a death;

·      time spent arranging a funeral;

·      general administration costs;

·      funeral director fees – in some cases a calculation on a suitable unit cost will need to be made, for example if the funeral director is contracted on an annual basis.

Recovering costs and the deceased’s estate

While local authorities have a right to recoup costs, there is no legal requirement to do so, and so local authorities will need to make a judgement on the appropriate level of activity to seek to recoup any costs based on the circumstances of the case.

The process for recovering costs will depend on the value of the deceased’s estate.

Bona Vacantia

The Bona Vacantia Division of the Government Legal Department administers the solvent estates of people domiciled in England or Wales who appear to have died without leaving a valid will or relatives entitled to share in their estate in priority to the Crown. Where local authorities believe this is the case, cases should be referred as soon as possible.

After an estate referral has been accepted and advertised on their website for approximately 90 days, if no entitled relatives have come forward, Bona Vacantia will then be able to receive invoices detailing a breakdown of any funeral and admin costs, along with confirmation if any of these have already been settled, for example from the bank.

Bona Vacantia cannot deal with any estate that is considered insolvent, which includes any estate worth less than £500 once the liabilities have been paid. In this scenario, local authorities can seek to recoup costs through the relevant bank or building society, or through any assets held by the deceased.

Source: www.gov.uk