The Law Commission for England and Wales has suggested that existing graves be reused, in addition to the opening of closed burial grounds to solve the issue of grave shortage. While the reuse of graves is currently allowed in certain areas including London, there is a risk of running out of space in other urban areas. This proposal, however, can only be implemented and approved after consultation with the public and government approval.
The Law Commission has emphasized that current burial and cremation laws are not suitable for the modern world and need to be reviewed. The current law states that reuse of a grave should only take place if the original burial ceremony was conducted at least 75 years ago, which the Commission suggests may be extended to 100 years. Furthermore, the proposal warns that if the family of the deceased person declines the reuse of a grave, no further attempt can take place for another 25 years.
Furthermore, the proposal includes the reopening of Victorian-era burial grounds to allow people to be buried close to home or in the cemetery of their choice. The Law Commission has also addressed the issue of funeral directors holding hundreds of thousands of sets of ashes that have not been collected and suggests that these ashes should be scattered or buried once the family has been contacted.
While the Law Commission’s proposal has been welcomed by the UK government, there is a need for the proposal to be considered sensitively and with support from the wider public. The suggested changes are open to public opinion and feedback from experts and individuals in the death care sector. The proposal also extends to the burial of bodies on private land, making it a criminal offense not to disclose the location of the bodies when the land is sold to a new owner.
The proposed changes will not limit public burial spaces, and hence will be utilized in other areas as well. Public opinion on the changes can be shared in a consultation with the Law Commission. The consultation will be open until 9 January 2025
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