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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