Fuller Enquiry of the Funeral Sector – update

Any funeral home in the UK, of any credibility, would welcome a call for statutory regulation. This would prevent unsuitable and unqualified pop-up funeral homes, which in the current situation, happens far too often. It would also ensure right, proper and full facilities for care of the deceased, by all funeral homes and not only those that choose to do so.


Today, the Independent Inquiry into the Crimes of David Fuller published an interim report into its phase II investigation into care of deceased people in non-hospital settings, including funeral homes. 

In the report, it has called for the statutory regulation of funeral directors. Sir Jonathan Michael, Chair of the Inquiry, said: “I had originally intended to publish my findings and recommendations on the funeral sector as part of the Inquiry’s Phase 2 Report. I have, however, expedited the Inquiry’s work in this area, in light of the recent distressing reports of neglect in the funeral sector.
 
“For most people, their experience of funeral services happens at some of the most difficult times in their lives. They are vulnerable in their grief and distress. We often trust our recently deceased into the care of funeral directors, expecting that they will be treated with kindness, dignity and respect.
 
“Based on the Inquiry’s examination of the funeral sector, it is fair to say that, in most cases, this is true. The funeral directors I have met in conducting this Inquiry have been caring and professional. However, sadly, there are exceptions.
 
“It is clear to me that many people believe or assume that the sector is already regulated, and they are shocked to find this is not the case. The fact is that anyone can set themselves up as a funeral director. They could do it from their home and keep the bodies of the deceased in their garage without anybody being able to stop them. That cannot be right.
 
“My hope is that publishing this interim report now will assist both the Government and the funeral sector itself to take steps that assure the public that care in the funeral sector is fit for purpose. We need a regulatory regime that will not tolerate any form of abuse or any practices that compromise the security and dignity of the deceased.


The NAFD has responded to the report, welcoming the recognition of the high standards already achieved by many funeral firms and joining the call for mandatory oversight of all funeral directors.

Andrew Judd, NAFD Chief Executive Officer, said: “The NAFD welcomes and shares the Fuller Inquiry’s call for an independent regulator for the funeral profession. The vast majority of funeral directors are compassionate, and operate with integrity to extremely high standards – and we are pleased that has been recognised by the Inquiry.

“However, we have always been acutely aware of the limits of voluntary regulation and stand ready to support the Government in its next steps to propose the right regulatory structure; we would like to ensure it includes a robust code of practice, a requirement for Continuous Professional Development, independent redress and a comprehensive inspections regime. It will also be important that it is proportionate and able to be met by businesses of different sizes and structures to preserve consumer choice.”

Funeral Industry Regulation

The recent incident in Hull, where human remains were reportedly left in storage for extended periods by a funeral service provider, has reignited the conversation around regulating the funeral industry in the UK. Currently, the funeral industry operates without extensive mandatory regulation, which allows for a wide variance in standards and practices across the country.

There’s a growing argument in favor of stronger regulation, with proponents suggesting that more oversight would protect grieving families from unprofessional conduct, guarantee dignity for the deceased, and ensure transparency in pricing and services. Introducing mandatory licensing or stricter codes of practice could also enforce higher standards of care and ethics across the industry.

On the other hand, some argue that adding more regulation could increase costs, particularly for smaller, family-run funeral homes, potentially driving them out of business in favor of larger corporations. This could reduce options for consumers and raise prices further, especially since funeral costs are already a concern for many families.

The incident in Hull is a reminder of the need for more consistent and enforceable standards in the funeral industry to prevent similar issues and protect both the deceased and the bereaved. Strengthening oversight and accountability, while finding a balance that preserves the diversity of providers, seems crucial in avoiding future cases of negligence.

The regulation of the funeral industry varies significantly between the U.S., Canada, and European countries, with differing degrees of oversight and consumer protection. Here’s a breakdown of how these regions approach funeral industry regulation:

United States:

The funeral industry in the U.S. is subject to both federal and state regulations, though the extent and nature of regulation can vary widely across states.

Federal Regulation: The most prominent regulation is the Funeral Rule, established by the Federal Trade Commission (FTC) in 1984. This rule ensures transparency in pricing and protects consumers by requiring funeral homes to provide itemized price lists and refrain from deceptive practices. The Funeral Rule allows families to choose only the services they want without being forced into costly packages.

State Regulation: Each state also has its own licensing and regulatory requirements for funeral directors, embalmers, and funeral homes. These often include educational requirements, examinations, and regular inspections. Many states have regulatory bodies that investigate complaints and enforce standards. However, the level of oversight can vary, and enforcement is not always consistent across states.

Canada:

In Canada, funeral services are regulated at the provincial level, with varying degrees of oversight and consumer protection depending on the province.

Provincial Regulation: Funeral homes, directors, and embalmers are licensed and regulated by provincial authorities. Regulations often include mandatory licensing, professional standards, and consumer protections such as clear, itemized pricing.

Consumer Protection: Like the U.S., Canadian provinces emphasize consumer rights. For instance, in Ontario, the Bereavement Authority of Ontario (BAO) oversees the sector, ensuring that funeral homes provide clear information to consumers and meet certain professional standards. Funeral homes are also subject to inspections, and in some provinces, trust funds must be established to ensure prepaid services are honored.

Europe:

Regulation across Europe tends to be more centralized than in North America, often with stricter oversight by national governments or local authorities.

United Kingdom:

As previously discussed, the UK has historically had limited mandatory regulation, although there are voluntary codes of conduct and some local authority oversight. The Hull incident has increased calls for more comprehensive regulation.

France:

France has one of the more tightly regulated funeral industries in Europe. The government controls many aspects of funeral services, including pricing, licensure, and the management of cemeteries. Funeral directors must meet stringent educational and professional standards, and funeral services are subject to strict consumer protection laws.

Germany:

Germany also has strict funeral industry regulations, particularly regarding burial practices. Funeral directors must be licensed, and embalming is strictly regulated. There are also legal requirements concerning how soon after death a burial or cremation must take place. Similar to France, Germany’s consumer protection laws ensure transparency and prevent unethical practices.

Italy:

Italy’s funeral industry is regulated by national laws, and there are strict rules about how services should be conducted. Funeral directors must be licensed, and certain services, such as transportation of the deceased, are strictly regulated by local authorities. Costs must be itemized, and ethical standards are enforced by both local and national regulations.

Common Themes Across Regions:

1. Licensing and Certification: Most countries require funeral directors and embalmers to be licensed, ensuring a basic level of professional competency.

2. Consumer Protection: There are generally laws or guidelines mandating clear, itemized pricing and protecting families from unfair practices, although enforcement varies.

3. Local Authority Involvement: Local or provincial authorities often oversee the operation of funeral homes, and some countries even regulate cemeteries and burial practices to ensure dignity for the deceased.

Conclusion:

Compared to other regions, particularly in Europe, the funeral industry in the UK operates with more leniency, lacking mandatory regulations like in the U.S., Canada, and many European countries. The U.S. and Canada focus heavily on consumer protection, with stringent licensing processes for funeral directors and transparency requirements around pricing. European nations, particularly France and Germany, are known for even stricter regulation, often government-controlled, ensuring high standards in the management of funeral services. The Hull incident may encourage the UK to move toward more formal oversight, aligning it with other regions globally.

First Contact

Planning a funeral is both emotional and stressful. This guide provides a clear, step-by-step Planning a funeral is both emotional and stressful. However, this guide provides a clear, step-by-step process to help families navigate funeral arrangements with ease and confidence.

1. First Contact with Formby Funeral Home

When a loved one passes, the first step is to contact Formby Funeral Home immediately. Usually, a family member or representative makes this call. Our funeral directors are available 24/7, ensuring assistance whenever you need it. After the initial contact, we quickly arrange transportation of your loved one to our funeral home in Formby.

Following this, we guide you through the next steps. This includes assisting with the registration of the death and advising on how many copies of the death certificate you may need. If the coroner is involved, we take care of all communication and provide regular updates, so you remain informed throughout the process.

2. Discussing Funeral Service Dates

Once the initial arrangements are made, the next step is to discuss potential funeral service dates. If you already have specific ideas, we can work together to explore those options. There are several key decisions to make, including:

  • Burial or Cremation: First, you will need to choose between burial or cremation. This decision affects the necessary paperwork and overall service arrangements.
  • Religious or Civil Service: Additionally, depending on the deceased’s beliefs, you will need to decide between a religious or civil service. This choice impacts the availability of officiants and may influence costs as well.
  • Venue: Furthermore, the service can take place at our funeral home, a religious site, a gravesite, or even at a non-traditional venue like a park or family home. The availability of these locations will help determine the final date and time.

Finally, we will discuss provisional dates. However, the full confirmation of the date will happen once all details are finalized, and everyone involved is available.