ENVIRONMENTAL HEALTH DIVISION
Organising the disposal of the dead.
1.0 PURPOSE
This procedure sets out the guidelines for the disposal of any person who has died or been found dead in the Metropolitan Borough of Walsall in accordance with Section 46 Public Health (Control of Disease) Act 1984.
2.0 SCOPE
2.1 The Local Authority must cause to be buried or cremated any person who
has died or been found dead within the Authority’s area and for whom no
suitable arrangements have been made by any other person.
The Division will NOT arrange funerals in the following circumstances;
2.2 If the person has died in hospital – in which case contact Jane Peach at
the Manor Hospital Tel: 01922 721172 ext 6837.
2.3If the person has died in a Social Services Home or in a Private Nursing
Home with accommodation funded by Social Services – in which case refer them toSocial Services (telephone number in the “Disposal of the Dead” folder).
2.4If relatives/friends have already made funeral arrangements.
2.5If relatives/friendsare in receipt of certain prescribed benefits (see booklet entitled; “Help from the Social Fund” – GL18 which is at the back of the “Disposal of the Dead” folder). Advise them to contact Jobcentreplus 0845 608 8649. The Social Fund will make payment to any claimant who are themselves in receipt of benefit i.e.
Income Support
income-based Jobseeker's Allowance
Pension Credit
Housing Benefit
Council Tax Benefit (or the Council Tax payer where you live gets a Second Adult Rebate because you are on a low income)
Working Tax Credit which includes a disability or severe disability element
Child Tax Credit at a rate higher than the family element
Claims must be made within 3 months of the funeral on form SF200.
With effect from January 2009, funeral directors have started asking families for a deposit of over £800 to cover disbursements such as doctor, vicar and crematorium fees. If they want anything other than the cheapest coffins, they also have to pay this in full at the time of booking. Also, if they require more than two cars they have to pay up front. This is because funeral directors have considerable debts caused by people who made funeral arrangements before claiming the funeral grant. The funeral went ahead but the funeral directors were never reimbursed. Now, the deposit (and any extras) is paid up front and then claimants have to submit a Social Fund claim form andthe final funeral directors bill before they are told whether or not they are entitled to a funeral grant.
This is causing us a lot of problems because we are getting families coming to us saying that they are willing to make the funeral arrangements and claim from the Social Fund but they cannot afford to pay the deposit as they are in receipt of benefits. The only thing we can do is advise them to keep the funeral as basic as possible, i.e. have the cheapest coffin, limit the number of cars etc.
If families/friends are eligible to make a claim from the Social Fund, the funeral must be arranged by the relative/friend and not this division.
2.6If relatives/friends wish to have anything other than cremation they must make their own arrangements, unless there are specific circumstances, i.e. religious reasons, in which case the matter must be discussed with the Environmental Health Manager.
3.0 PROCEDURE
3.1On receipt of notification complete the “Disposal of the Dead Notification Form” – DOD1. Obtain as much information as possible as it will be required to register the death.
3.2 If the notification is from the Coroner, ascertain when the body will be
released for the funeral.
The coroner will send this division the “Coroner’s Certificate for Cremation” Form E (yellow form) which gives permission for the cremation to take place and is required by the Funeral Director. If this doesn’t arrive within a few days of notification contact the Coroner’s Secretary; Barbara on 0845 352 7483.
3.3 If the notification is from a relative/friend, ask them to register the death
and bring in the original Death Certificate. If it is not possible for them to register the death, contact the doctor who attended the deceased and collect the Medical Certificate and Formal Notice from them. These documents are required to register the death.
3.4 Advise any relatives/friends that we will provide a Coffin, Hearse,
Pallbearers and a Minister*. The cremation will take place at Streetly.
Crematorium, with the ashes being scattered at the Garden of
Remembrance, unless they wish to arrange collection.
* If no-one will be attending the funeral consider not
having a minister to conduct the service.
3.5 Registering the death.
Make an appointment with the Registry Office to register the death.(N.B. in a coroner’s case registration cannot take place until the registrar has received authority from the coroner to do so). Take with you the “Coroner’s Certificate for Cremation” (yellow form) or the Medical Certificate and Formal Notice if the death was certified by a doctor. Register the death as “the person causing the body to be cremated”.
The registrar will then issue a “Form BD8 – Registration or Notification of Death” form. The original copy of this should be retained in the deceased’s file until invoices have been received and a claim can be made to the Benefit Agency. If the coroner is not involved, they will also issue a “Certificate for Burial or Cremation”.
If there is an inquest(an enquiry into the medical cause and circumstances of a death), the Coroner may still give a Certificate for Cremation (form E) so that the funeral can take place. This may be done before the inquest is completed provided the body is not required for further examination.
In this instance a “Coroner’s Interim Certificate of the fact of Death” will be issued.A final Death Certificate cannot be issued until the inquest has been held and the Coroner has given authority for the Registrars to register the death.
3.6Arranging the Funeral
At the time of writing, this division has a contract with Co-op funeral Directors.
Complete form “Cremation 1 – Application for Cremation” and “Order for Cremation” forms. Take them, along with the “Coroner’s Certificate for Cremation” (yellow form) or the “Certificate for burial or cremation” to Co-op Funeral Directors and arrange the funeral. Unless specifically asked, arrange for the ashes to be scattered on the Garden of Remembrance at Streetly Crematorium.
3.7Notify in writing any relatives, friends or other interested persons of the date and time of the funeral. Make clear that it is the role of this Service to dispose of the dead. We do not under any circumstances whatsoever administer estates or arrange the disposal of property of any description. (See Standard Letter DOD2).
3.8Write a requisition in favour of the funeral directors as agreed by contract to cover their services and disbursements, including the services of a Minister (if one is required).
3.9Write a requisition in favour of Bereavement Services at the agreed price
for cremation.
3.10 Certify accounts and pass for payment.
3.11 It is the duty of the Local Authority to reclaim the cost of the funeral
where possible.
3.12Contact West Midlands Police and obtain any monies from the Property
Office or, if the Police have already banked the monies, obtain a property number and write to West Midlands Police Legal Services enclosing a copy of the funeral invoices and Death Certificate.
3.13 Obtain the keys to the dwelling where possible (see procedure at DOD3 regarding WHG properties). Enter the property accompanied by the landlord, Police Officer or a relative/friend of the deceased and take possession of any cash, bank/building society books, pension books and any other documentation relevant to the person’s financial circumstances. Also make a search for a will.
Make a careful inventory of what is removed and have this certified by
the person accompanying you.
3.14 Do not take possession of any items which would render the Council
with a duty of care, i.e., car keys, house keys etc. or any personal items such as jewellery, watches etc.
3.15 Ensure that all monies are given to accounts for banking, and personal
effects are placed in a secure place until they are
required.
3.16 Return by post any bank/building society books, pension books to the
relevant offices making a claim (enclose funeral invoices and the Death Certificate) and ask for acheque in favour of Walsall Metropolitan Borough Council. Give any cheques received to Business Support for banking.
3.17Should anyone wish to make a claim on the estate once we have received our costs, they must contact Walsall MBC Legal Services in writing.
3.18If there are no surviving blood relatives and the net worth of the estate is
over £500, contact the Treasury Solicitorin writing, completing their form (BV1a).
Relevant Documents
- Public Health (Control of Disease) Act 1984
- Disposal of the dead notification form – DOD1
- Cremation 1 – Application for cremation
- Order for cremation
- Letter to relatives/friends giving details of the funeral – DOD2
- Protocol between Walsall Housing Group Ltd and Walsall Council – DOD3
- BV1a – Information of the Deceased form
O:\PP Documents\ENVIRONMENTAL HEALTH\Faulkner J\Disposal of the dead\Guidelines 3.12.08.doc