Policies

Cherry Willingham Parish Council (CWPC) 

Exhumation Policy

Policy Statement

Exhumations are generally rare and tend to be traumatic for the family involved. They can take a long time to arrange and are usually expensive. For these reasons it is always best to consult with all the relatives before proceeding. Exhumation of both buried and cremated remains generally require a Home Office licence.

The exhumation of the deceased is a high-risk health and safety issue with hazards during the excavation work and the potential risk of infectious disease. Therefore, all exhumations will be carried out in accordance with the Cemetery and Cremation Management ‘Code of Safe Working Practices for Cemeteries’, and the Health and Safety Executive (HSE) guidance ‘Controlling Risks of Infection at Work from Human Resources’.

Exhumation will always be the last resort the Authority will undertake. It will try to resolve issues by alternative means before embarking upon an exhumation. However, where an exhumation is required then the exhumation of the deceased will be undertaken with sensitivity, respect and dignity.

Reasons for exhumation

Exhumations occur for a number of reasons, including:

 Movement from the original grave site to a subsequently acquired family plot in the

same or other cemetery.

 Repatriation overseas to be buried with other family members.

 Transfer from one cemetery scheduled for development to another

 Court orders requiring further forensic examination.

Requirements

It is an offence to exhume any human remains without first obtaining the necessary lawful permissions. A Funeral Director can help in obtaining such permissions.

A licence must be obtained from the Home Office. Exhumation licences will also contain certain conditions that have to be observed. If the person is buried in consecrated grounds permission from the church must also be obtained.

Occasionally cadaver certificates are required in addition to exhumation licences. An environmental health officer must be present at the exhumation of the body to ensure that there is no threat to public health. The officer will ensure that:

 The correct grave is opened.

 The exhumation commences as early as possible in the morning to ensure

    maximum privacy.

 The plot is screened, as appropriate, for privacy.

 Health and safety of all workers is maintained i.e. protective clothing including         masks

and gloves are worn.

 Task lights and all necessary equipment is available.

 Everyone present shows due respect to the deceased person and to adjoining

graves.

 The nameplate on the casket corresponds to that on the licence.

 The new casket has been approved by the environmental health officer.

 All human remains, and all the pieces of the casket, are placed in the new casket.

 The new casket is properly sealed.

 The area of exhumation is properly disinfected and satisfactory arrangements are in place for the onward transmission of the remains.

IF THE CONDITIONS OF THE LICENCE CANNOT BE MET OR THERE ARE PUBLIC HEALTH OR DECENCY CONCERNS THE EXHUMATION CANNOT PROCEED

A representative of Cherry Willingham Parish Council will be present at all exhumations carried out in Cherry Willingham Burial Ground.

Note

Cherry Willingham Parish Council cannot grant an exhumation without consent from the Ministry of Justice or the Lincoln Diocesan Registry.

Exhumation can only occur under exceptional circumstances and parties should give this careful consideration and take legal advice if they consider it appropriate before making an application.

Once applied for the fee will be payable, whether or not the exhumation takes place. The fees are to cover the work undertaken by the Chancellor of the Diocese and legal assistance in relation to the application