Ancient churchyards could come back into use as burial sites under proposals floated today for reforming a patchwork of laws covering burial and cremation in England and Wales. In a consultation paper running to more than 300 pages, the Law Commission also tackles the issue of hundreds of thousands of unclaimed sets of human ashes mounting up at funeral directors.
The proposals form part of a consultation to bring the law on burial and cremation, which in parts is over 170 years old, up to date. The consultation comes amid a shortage of burial space in England and Wales, despite the growth of natural burial grounds over the past few decades. As a solution, the commission proposes more reuse of graves, currently possible only in a handful of cemeteries which have obtained the necessary acts of parliament. Among the questions on which the commission seeks answers is whether to extend the current interval of 75 years that must pass before reuse.
'There are numerous Church of England churchyards and other burial grounds across the country which were closed by law in the Victorian era,' the document states. It proposes reforms to allow them to be reopened, 'allowing people to be buried closer to home, or in a graveyard that holds special meaning for them'.
Another proposal would create a criminal offence of failing to pass on information about the location of graves to purchasers of private land.
Bringing old burial grounds, including in Church of England churchyards, back into use would re-establish connections with communities and deter antisocial behaviour on the sites, the commission suggests.
Among the legal issues with cremation is the problem of disposal of uncollected ashes. While the law permits crematoria to scatter or bury such ashes after 14 days, funeral directors have no such provision: the commission cites reports that they hold a quarter of a million uncollected sets as a result. Funeral directors also lack any legal authority to dispose of large numbers of pacemakers removed before cremation for safety reasons.
Overall, the commission says the law around burial and cremation is also complicated and out of date. It is seeking views from the public, experts and those involved in the 'death care sector' before making final recommendations to the government at the end of 2025.
Professor Nick Hopkins, commissioner for property, family and trust law, said: 'Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations. This must be done sensitively and with wider public support, which is why we want to hear from those with a view.'
Junior justice minister Alex Davies-Jones said the government is supporting the Law Commission's work. 'We await with interest the Law Commission’s recommendations, in due course, on the most appropriate framework to provide modern, consistent regulation for burial and cremation.'
The consultation is open until 9 January 2025.
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