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Exhumations

 

Exhumations can occur for a number of reasons, including:

  • movement from the original grave to a subsequently acquired family plot in the same or other cemetery;
  • repatriation overseas to be buried along with other family;
  • transfer from one cemetery scheduled for development to another;
  • court orders requiring further forensic examination.

It is an offence to exhume any human remains without first obtaining the necessary lawful permissions. Funeral directors can help in obtaining these but a licence must be obtained from the Home Office. Exhumation licences will also contain certain conditions that have to be observed. If the person is buried in consecrated grounds, permission from the church must also be obtained.

An Environmental Health Officer must be present at the exhumation and supervise the event to ensure that respect for the deceased person is maintained and that public health is protected. The Officer will also ensure that:

  • the correct grave is opened
  • the exhumation commences as early as possible in the morning to ensure maximum privacy
  • the plot is screened as appropriate for privacy
  • the health and safety of all workers is maintained e.g. protective clothing including masks and gloves, task lights and all other necessary equipment,
  • everyone present shows due respect to the deceased person and to adjoining graves,
  • the nameplate on the casket corresponds to that on the licence,
  • the new casket has been approved by the Environmental Health Officer,
  • all human remains and all the pieces of casket are placed in the new casket,
  • the new casket is properly sealed,
  • the area of exhumation is properly disinfected, and satisfactory arrangements are in place for the onward transmission of the remains.

If the conditions of the licence cannot be met, or there are public health or decency concerns, the exhumation may not proceed.

 

Relevant legislation and guidance

 

You may wish to refer to the following legislation and guidance in relation to exhumations:

 

The Burial Act 1857

 

Health & Safety at Work Act 1974

 

Public Health (Control of Disease) Act 1984

 

The Health & Safety Executive has produced a guide on Infection Control when dealing with human remains.

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