Exhumations

• Introduction
• Reasons for an exhumation
• Obtaining a licence and other permissions
• Decency and safety
• Further information

Introduction

Exhumations are rare, can take a long time to arrange and are often expensive. They are also often traumatic for the family involved. In most cases, relatives are consulted before proceeding with an exhumation.

Exhumations must be carried out in a manner that ensures respect for the deceased person and which guarantees that public health is protected. The code of practice relating to the exhumation of human remains must be adhered to and is enforced by the council.

Exhumations of both burials and cremations require a licence from the Home Office. It is an offence to exhume a deceased person without first obtaining a licence and any other permissions required.

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

^ top

Reasons for an exhumation

Exhumations occur for a number of reasons, including:

• Movement from the original grave to a plot subsequently acquired by the family in the same or another cemetery
• Repatriation overseas to allow burial alongside other family members
• Transfer from one cemetery scheduled for development to another
• Court orders for further forensic examination
• Removal from disused burial ground sites
• Discovery of human remains.

In cases where human remains are discovered the landowner or developer must stop work immediately and notify the council. In most cases, a police pathologist will visit the site in order to check the deceased died of natural causes. The landowner or developer must then apply for a licence to exhume the remains.

If the site of the exhumation is of archaeological importance, the remains may be taken to the Museum of London, providing that this is in accordance with the licence conditions.

^ top

Obtaining a licence and other permissions

A licence must first be obtained from the Home Office to exhume the deceased person. Funeral directors can sometimes help in obtaining these licences.

Exhumation licences also contain certain conditions that must be observed. An environmental health officer must be present at the exhumation to ensure decency and that there is no threat to public health. Also cadaver certificates are occasionally required in addition to exhumation licenses.

Additionally, if the person is buried in consecrated grounds, permission from the church must also be obtained before proceeding.

^ top

Decency and safety

A council environmental protection officer must be present at the exhumation and must 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 exhumation is carried out in accordance with the licence details and conditions
• the plot is screened to ensure privacy
• the exhumation commences as early as possible in the morning to ensure it is private
• the correct grave is opened
• the health and safety of all workers is maintained
• everyone present shows due respect to the deceased person and to the adjoining graves
• the nameplate on the casket corresponds to that on the licence
• the new casket meets specified standards
• 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
• the area health authority are aware of proceedings
• satisfactory arrangements are in place for the transportation of the remains, when required, in an unmarked and enclosed vehicle.

^ top

Further information

For further information contact:

Environmental Protection Service
60 Southern Grove
Mile End
London
E3 4PN

Tel: 020 7364 5008
Fax: 020 7364 6831
E-mail: environmentalhealth@towerhamlets.gov.uk

Pid No: 332