Public Health Funerals Guidance

Public Health Funerals

Section 46 of the Public Health (Control of Disease) Act 1984 places a statutory duty on the City of London Corporation to organise and deliver funeral arrangements in certain circumstances. The law states;

‘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.’

 Section 58 of and Schedule 28 to the Coronavirus Act 2020 (“the Act”) came into Royal Ascent on the 25th March 2020, and introduce new powers relating to the transportation, storage and disposal of dead bodies and other human remains. These powers were included in the Act to ensure the UK is prepared for a reasonable worst case of deaths caused by COVID-19. The powers create a legal obligation for local and national authorities to have regard to the deceased person’s wishes, religion and beliefs, where known, of the method used of their final committal (i.e. burial or cremation).

 The Public Health (Control of Disease) Act 1984, section 46 remains the basis for the Local Authority’s responsibility for PHF.

 The City of London Corporation has the right to claim the expenses incurred in arranging the funeral from the deceased’s estate or from the person who was liable to maintain the deceased estate before the person’s death.

 The City of London Corporations service aims for Public Health Funerals are:

• To ensure the prompt and dignified burial/cremation of any deceased person for whom the Local Authority has a responsibility, (If there is a financial dispute then the Local Authority should make the necessary arrangements and resolve the dispute after the PHF has been carried out).
• To comply where possible with the wishes/beliefs of the deceased with regard to a funeral service and burial/cremation.
• To be sensitive to the needs and wishes of any surviving relatives/friends and involve them where appropriate.
• To ensure that the affairs of the deceased are dealt with by the correct legal process.