Local Authority Funerals

In certain limited circumstances, the Council has a responsibility to arrange the funeral of a deceased person.

Local Authority Funerals

These are also known as public health funerals or pauper's funerals.

What is our role?

In certain limited circumstances, where there is no alternative course of action and where no other person or authority is willing or able to make the necessary arrangements, the Council has a statutory duty under the Public Health Act (Control of Disease) Act 1984, to make arrangements for the funeral or cremation of the body of any person who has died or been found dead in the borough.

The Council does not provide a funeral service nor does it provide advice or assistance to those suffering a bereavement or loss.

If a person dies without a known next of kin, the Council will normally act on written instructions received from the local coroner's officer.

What happens next?

Where the Council has been notified of a death by the coroner and where there is no one willing to make funeral arrangements, we will search the deceased's home to try and find a Will or any documents that would indicate the existence of next of kin or funeral preferences.

Where details of next of kin are found, they will be invited to make the funeral arrangements.

If the next of kin receives one of the following, they may be eligible for a Funeral Payment from the Social Fund. The Social Fund is administered by the Department of Work and Pensions.

·         Income Support

·         Income- based Jobseeker's Allowance

·         Income- related Employment and Support Allowance

·         Pension Credit

·         Housing Benefit

·         The disability or severe disability element of Working Tax Credit

·         One of the extra elements of Child Tax Credit

·         Universal Credit

More information about the Social Fund can be obtained by calling the Bereavement Service helpline on telephone number 0345 606 0265 or by visiting https://www.gov.uk/funeral-payments/overview

If a next of kin is not prepared to arrange or pay for the funeral, they will be asked to make a written statement to confirm that they are not prepared to do this. The Council may ask a next of kin to produce evidence of their means.

The funeral

If nobody is willing or able to make the necessary arrangements and unless there is evidence to suggest that the deceased would have made an alternative arrangement, the Council will arrange for a cremation at North Devon Crematorium Old Barnstaple Road, Barnstaple EX31 3NW. The Council will accommodate any specific wishes that the deceased may have had where it is reasonable to do so having regard to the value of the estate.

Cremated remains

The remains of the deceased will be scattered in the gardens of the remembrance unless other specific instructions are found amongst the deceased possessions or in a Will.

Funeral costs

The Council has a legal claim on the estate of a deceased person to offset against the costs of arranging the funeral. Personal effects of the deceased or items of significant value may be sold to contribute towards costs. If there is evidence to suggest that the deceased held money in a bank or building society account, the account may be closed and the proceeds obtained. In rare cases when the assets exceed the costs of the funeral and any associated costs, the Council will report to the Treasury Solicitor in accordance with the rules set down by the Secretary of State.