Exhumations
Exhumation is the removal of human remains
(including any cremated remains) from their place of interment. The
need to exhume is not a common occurrence and is
only allowed in exceptional cases. However, when
exhumation is required it must be done with the
greatest dignity and respect and with all of the necessary legal
authorisation and documentation in place.
Reason for exhumation
Exhumations occur for a number of reasons, some may include:
- The movement from the original grave to a subsequently acquired
family plot
- Repatriation overseas to be buried along with other family
- On the coroner's order for further forensic examination.
Whatever the reasons, it is a traumatic event for all those
involved and should only be considered after carefully thinking
through the whole process and getting as much information from all
the relevant authorities before starting this process.
You may also need to discuss the matter with all relatives
before you wish to proceed. Arrangements can be costly and
take a long time to finalise.
Legal Documentation and permissions
It is an offence to disturb human remains without first
obtaining the correct lawful permissions.
There are generally two types of licences that are required for
exhumation, a Home Office Licence and/or
permission from the Bishops Faculty. Which licence
to use depends on the location of the grave, i.e. whether it is
located in consecrated or non-consecrated ground and where the
remains are going to be re-interred afterwards. Under certain
circumstances both licences will be required before an
exhumation can take place.
A Home Office Licence
If the exhumation is on unconsecrated ground and the subsequent
reburial is in unconsecrated ground then only a Home Office Licence
is needed.
Write to:
Coroners and Burial Division, Ministry of Justice, Post
Point 3.21, 102 Petty France, London SW1H 9AJ.
Telephone : 0203 334 6390
Email: coroners@justice.gsi.gov.uk
A Bishops Faculty
Most burial grounds/cemeteries are segregated between
Consecrated and Unconsecrated
areas.
If the remains are to be removed from a grave in a consecrated
section of a cemetery and are to be re-buried into another
consecrated section then only a Bishops Faculty is required.
Consecration is the term that is given to either all areas of a
cemetery or smaller sections that have been 'dedicated to the
service of God according to the right of the Church of
England'.
Enquiries should be made in each individual case to the relevant
Diocese. Contacts details can be obtained from The Church of
England website.
Next Steps
Once all legal documentation has been obtained and the necessary
permissions have been granted a date and time is usually set for
the exhumation. The exhumation licence will contain certain
conditions that have to be observed.
An environmental health officer must be present at the
exhumation of a body to ensure that respect for the deceased person
is maintained and that public health is protected. The Officer will
also 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 e.g. protective
clothing including masks and gloves, task lights and all other
necessary equipment,
- 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 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 may not
proceed.
For further details of re-interrment or
burial visit Breavement Services.