Public Health Funerals
A Public Health Funeral, also known as a Welfare Funeral, is arranged under the Public Health (Control of Diseases) Act 1984 Section 46. Local authorities arrange funerals for those who die without anyone willing or able to make the arrangements. We will ensure the funeral is appropriate and arranged in the same way as any other funeral – treating it with dignity and respect.
Legal requirements
It’s our duty to bury or cremate the body of anyone who has died or is found dead in our authority area, when no arrangements for the disposal of a body are being made. We also have responsibilities when the deceased person had been provided with accommodation in a care setting.
- We’ll make all reasonable attempts to locate living relatives of the deceased. When relatives are found, they may take over the arrangements. If no one is willing or able to arrange the funeral, then we will make the arrangements.
- We will not cremate a body if we believe it to be against the wishes of the deceased.
- We’re entitled to recover the funeral costs from the estate of the deceased. Without prejudice to any other method of recovery, money due to us is recoverable as a civil debt by proceedings within three years after the payment was due.
- We are not responsible for managing the deceased’s estate, beyond our right to reclaim funeral costs.
- If we hold assets that exceed the cost of the funeral, we’ll make a referral to the Bona Vacantia Division of the Government Legal Department.
For more information - and the Government Legal Department’s estate register - visit the Bona Vacantia webpages.
When would a Public Health Act funeral take place?
We usually act on instructions received from our local Coroner’s Office. For example, the coroner may refer the death of a citizen who has no family or property. As we would be responsible for their funeral.
We also receive referrals from care homes, hospices, sheltered housing and funeral directors. As well as from family and friends of the deceased. If they think there’s no plan in place for funeral arrangements.
What happens when we are notified of a death?
We’ll make all reasonable attempts to locate living relatives.
We make funeral arrangements when a family are not entitled to benefits and they’re not able or willing to make the arrangements. When this happens, we claim our expenses from the deceased’s estate.
The home of the deceased is searched by council officers to find a will and other documents. We must look for ways to contact relatives. And for evidence of religious beliefs or funeral preferences.
Money and other goods can be sold to offset the funeral costs. Possessions and money cannot be used to pay for anything else until funeral costs are paid. The only exceptions are secured debts (such as mortgages).
Families unable to pay for a funeral may be entitled to help from the Department for Work and Pensions (DWP). Family members who receive benefits may be entitled to help. Call 0800 1690140 to find out about the help available.
When we won’t arrange a funeral
We will not be involved if the deceased had a funeral plan, or if the funeral has already taken place. We cannot contribute to the cost of a funeral which has already been organised by someone else.
If the person died in hospital, the hospital trust will take responsibility. Hospitals may refer cases to us if we are corporate appointee or deputy for the deceased (and they have funds in their estate to pay for their funeral).
If someone dies in hospital, the hospital trust may ask us to conduct a house search on their behalf. And we’re entitled to recover any costs from the hospital trust.
Burial or cremation?
We check local burial and cremation records to find out if the deceased has a burial plot in a local cemetery. Or if they have an application for a cremation.
If the deceased owned the ‘right of burial’ to a grave (and there is room in the grave), they can be buried there. This is subject to the approval of the burial authority. If the deceased was not the owner of the grave, the owner must give consent. If consent is not given, the burial cannot take place in that grave.
We recognise that some religions forbid certain methods of disposal. Muslims and Orthodox Jews, for example, do not allow cremation. Although it’s the preferred method for Sikhs and Hindus. We’ll consider the evidence available before making funeral arrangements.
When we don’t know what the deceased would’ve wanted, we usually choose a burial. Sometimes, family members come forward after a funeral. A burial means it’s possible to have the body exhumed so the family can make their own arrangements.
After cremation, remains are scattered in the crematorium grounds and the location recorded. Or they may be given to a relative or friend.
We try our best to arrange funeral services at dates and times suitable for friends and family.
The estate
We do not have any responsibility for what happens to the estate of the deceased. We can only claim funeral expenses. We use cash, the sale of valuables, money in bank accounts, pension plans or insurance policies.
Funeral expenses are paid from the estate first. They’re paid before other financial commitments (apart from secured debts such as mortgages). We can contact banks or other asset holders to request repayment of our costs.
If we hold assets that exceed the cost of the funeral, and there are no relatives or a will, we refer the estate to the Bona Vacantia Division of the Government Legal Department.
We are not responsible for ending a tenancy or clearing a property. It’s the responsibility of the property owner. That could be a housing association or the person administering the estate. We may choose to clear a property if the value of goods is likely to pay for funeral costs.
To contact us about a Public Health Act funeral, email client.financial.services@manchester.gov.uk.
Read the full text of the Public Health (Control of Diseases) Act 1984 Section 46.