The recently published Cost of Dying 2024 report from SunLife suggests that funeral fees in the UK have reached a record high. The report advises that the cost of a basic funeral has increased by 4.7% from 2022 to 2023.
Perhaps even more surprising is the rise in Public Health funerals. 27% of the funeral directors involved in the SunLife study say they’ve seen an increase in the number taking place over the past year.
What are Public Heath Funerals?
Public Health funerals are funerals arranged by Local Authorities for those who have died without any next of kin available or who’s next of kin, relatives or friend are unable to arrange or pay for their funeral.
The person who has died may have already been cared for by the local authority or they have become estranged from their family and friends.
The Public Health (Control of Disease) Act 1984
The Public Health (Control of Disease) Act of 1984 places a statutory duty on local authorities to arrange a burial or cremation in the circumstances where no suitable alternative arrangements have been made for the person who has died.
The 1984 Act gives local authorities flexibility to make decisions around how the funerals are delivered as it does not specifically define how the funerals should be carried out.
The ‘Guiding Principles’
Although there is no set definition for how the funerals should be delivered, the government have set out guidance to assist local authorities with the following directions: –
- Ensure the deceased are treated with dignity and respect;
- Minimise public health risks;
- Be considerate of the bereaved, by making efforts to find the next of kin and keep them informed;
- Recoup costs as far as possible by making every attempt to recover expenses to minimise costs to the taxpayer; and
- Be transparent by making the local authority’s public heath funeral policy publicly available and accessible.
Making a reasonable attempt to find the next of kin
Although there is no legal requirement for the local authorities to locate a next of kin, it is best practice for them to make attempts to locate family and friends and notify them of the passing.
What steps can local authorities take?
The local authorities can search local records, including medical records, housing records, social services, and the electoral role to find information about the deceased. Data relating to the deceased is not classified as personal data under data protection legislation. However, local authorities must ensure that they comply with the requirements of the General Data Protection Regulations 2016 and the Data Protection Act 2018 when they are processing data relating to any living person identified as a potential next of kin.
The local authorities can also make enquiries with any friends, acquaintances or neighbours who may be able to locate a next of kin. In some circumstances, the local authority may enter the deceased’s property which may also help them locate documents which may help them find a next of kin’s contact details.
Many local authorities opt to use a specialist genealogist to assist them in identifying and locating next of kin. A reputable genealogist will have the necessary skills and expertise to find next of kin quickly as time is of the essence when trying to organise a funeral.
Carrying out the deceased’s wishes
The Local Authority have a legal duty not to cremate a body where they have reason to believe that cremation would be contrary to the wishes of the deceased. Beyond this, however, local authorities are not legally required to accommodate any requirements the deceased may have had in relation to the religion or belief.
It is important that those who have passed away are provided with a respectful funeral. Our specialist Inheritance Tracing department work closely with local authorities and genealogists to assist with estates where no immediate next of kin have been identified.