The National Association of Local Councils (NALC) have welcomed the publication of the Burial and Cremation Final Report which was published by the Law Commission in March.
The Law Commission has recommended that graves over 100 years old could be reused in more burial grounds across England and Wales, as part of a major overhaul of laws that have remained largely unchanged for 170 years.
Under the proposals, burial ground operators would need to consult locally and obtain government approval before gaining reuse powers. Individual graves could not be disturbed until a century after the last burial — up from the current 75 years. Relatives would have a full year to object, increased from six months, and any objection would halt reuse for another 25 years. Commonwealth war graves and post-war military graves would be protected for the first time.
The report also recommends consistent rules on burial depth, maintenance of cemeteries, record-keeping and the issuing of grave rights. Centuries-old burial grounds closed under Victorian laws could be reopened, while clearer rules would address burials on private land such as farms or back gardens.
On cremation, the Commission proposes making it lawful for funeral directors to return uncollected ashes to crematoria after giving families the opportunity to collect them. Other recommendations include banning the cremation of unidentified remains, strengthening identity checks, and restricting joint cremations to cases where both applicants give written consent.
The NALC statement, released yesterday (13th April) comments: ‘One of the most significant areas of progress is the recognition of the need to reform the grave re-use legislation… It aligns with our position that local authorities must be equipped with the powers needed to manage burial capacity sustainably, while maintaining appropriate safeguards and respect for the deceased.
‘The report also reflects our call for a more flexible and enabling legislative framework. In particular, there is movement towards simplifying and updating the patchwork of laws governing cemeteries and burial practices.’
It concludes: ‘The report marks an important milestone in the journey towards reform. We look forward to working with government and sector partners to ensure that the recommendations are translated into meaningful legislative change that supports parish and town councils and the communities they serve.’
Photo: panyawat auitpol
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