Public Health Act Funeral Policy

How the Council undertakes this role

We will make the necessary funeral arrangements when:

  • somebody has died within our boundary, and
  • there is no one willing or able to arrange it for them

Referrals are received from several sources, including:

  • the Coroner
  • hospitals
  • members of the public

To recover the costs of the funeral arrangements we can claim the deceased:

  • property
  • possessions

Those receiving certain benefits, may be entitled to a funeral payment. This is through the Social Fund.

If a claim for assistance is rejected by the Social Fund, an application for a public health funeral can be made to us. Before we can proceed with arrangements we may need:

  • evidence of the application for assistance

We will not take on this responsibility if:

  • funeral arrangements have already been made, or
  • if the funeral has already taken place

Where possible, we will:

  • try to find a will, so that the wishes of the deceased can be respected
  • make reasonable efforts to contact the executor of a will
  • try to find family members

If there is an executor or a family member, we would expect them to make their own arrangements for the funeral.

If this is the case, we will then only make funeral arrangements if:

  • the executor wishes to revoke their duties, and/or,
  • the family members are unable or unwilling to arrange the funeral

A formal declaration would then be needed. This would need to be signed by all relevant parties to confirm:

  • that they wish for us to make the funeral arrangements, and that they
  • understand that costs will be recovered (if available) from the deceased estate

Costs and expenses that we can reclaim for, include:

  • funeral arrangements
  • time spent trying to contact family members
  • time spent dealing with the person’s effects

Where the deceased had any ownership of a property we will put a charge on the property. This is so that costs can be reclaimed when the property is eventually sold.

After the funeral has been arranged and paid for, any remaining funds left over from the estate (over £500) must be sent to the Government’s Legal Department.

These serve as ‘bona vacantia’ assets for the Crown.

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