Public health funerals are provided by local authorities for people who have passed away and have no next of kin, or whose next of kin, relatives or friends are unable or unwilling to make the necessary arrangements for a funeral. They are designed to protect public health and are important in ensuring that all individuals are treated with dignity and respect, regardless of their circumstances.

The Public Health (Control of Disease) Act 1984 (‘the Act') places a statutory duty on local authorities to arrange for a burial or cremation where no suitable alternative arrangements are being made. However, the Act does not define how local authorities should carry out this duty - meaning there is considerable flexibility in how these funerals are delivered.

The provisions within section 46 of the Public Health (Control of Disease) Act 1984 were developed to protect public safety and limit the spread of infectious diseases - their primary objective is to protect public health.
Public health funerals are delivered and funded by local authorities (although local authorities can recover their costs from the estate of the deceased). For deaths that occur in hospital, NHS Trusts are advised to develop their own policy which takes into account their local authority protocol and work together to ensure a respectful burial or cremation as efficiently as possible.

What is legally required of local authorities?

Section 46, ‘Burial and Cremation' of the Act requires that:

It shall be the duty of a local authority to cause to be buried or cremated the body of any person who has died or been found dead in their area, in any case where it appears to the authority that no suitable arrangements for the disposal of the body have been or are being made otherwise than by the authority.

Local authorities, as defined in Section 1 of the Act, are therefore responsible for arranging a burial or cremation where a person has died or who has been found dead in their area (though may not live there), and it is apparent that this will not be carried out otherwise. Local authorities also have responsibilities where the deceased were provided with accommodation in care settings.

The Act also stipulates:

• The deceased should not be cremated where the local authority has reason to believe that would be contrary to the wishes of the deceased. It is therefore important to be mindful of any indications of the deceased's preferred method for their final committal, including any requirements they had in relation to their religion or belief. Further details are included in section 4.
• A local authority may recover, from the estate of the deceased person, the expenses incurred in the provision of a public health funeral. The Act also stipulates that this is recoverable as civil debt by proceedings brought within three years after the sum becomes due. Further information on recouping the costs of the funeral can be found in section 6.


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