Public Health Funerals
When a person dies within the Cheshire East Area and there is no
suitable arrangements for the disposal of the body that have been
made or are being made, under Section 46 of the Public Health
(Control of Disease) Act 1984 the Council will arrange the
funeral.
Under this Act the funeral expenses are the first call on any
estate. The Council is entitled under the act to collect any and
all sums of money due or belonging to the deceased and to sell any
belongings of the deceased in order to help offset the costs of the
funeral and expenses. Any short fall would be borne by the
Council.
Any family members identified will be asked to sign a disclaimer
acknowledging and agreeing that the Council will collect any and
all such money available or which will become available. Officers
acting on behalf of the Council will then take full responsibility
for the funeral and make all arrangements as deemed appropriate and
necessary. Unless it is ascertained that the deceased would
have preferred a burial, the funeral will be a Cremation.
Generally, after the funeral and administration charges have
been deducted, and if there were no other bills outstanding, any
money left would go to the Treasury Solicitor in accordance with
their guidelines for referring estates in 'Bona Vacantia’. Bona
Vacantia referrals are not a frequent occurence but are often the
subject of Freedom of Informaton Requests. In order to
address these requests, details of referrals will be detailed
below. If you require any further information on any referral
detailed then please contact our Freedom of Information
team by emailing FOI@cheshireeast.gov.uk
- 2011 - 2012; No referrals to date.
The Council will not usually become involved if funeral
arrangements have already been made. Anyone giving
instruction to a firm of Funeral Directors is responsible for any
costs incurred.
The Council would also not usually undertake
these arrangements if there was next of kin identified that were in
receipt of benefits, as the Benefits Agency would help to pay most
if not all of the funeral bill. For help with funeral costs
please refer to the 'Need
to help pay for a funeral?' page at the Job Centre Plus
website.
The Council would not undertake these
arrangements if the deceased died in hospital, in which case the
hospital would usually take responsibility and arrange the
funeral.
