Enquiry Number - 5552966

Response

Sandwell Funeral Service

Thank you for your letter of the 15th August 2016 concerning the above.

As you are aware, there has been a lot of publicity around funeral poverty. The Council in exercising its social welfare powers, went to market to procure a funeral director to provide a basic affordable funeral service for families who are experiencing funeral poverty.

The reality of funeral poverty was confirmed nationally in a report produced by the House of Commons Work and Pensions Committee entitled ‘Support for the Bereaved’ published on the 23rd March 2016. It highlighted the failure of funeral benefit to be increased since 2003 during which time funeral director fees have risen well above inflation. The report found that bereaved people may not always be well-served by the market and details of the inquiry have been passed to the Competition and Markets Authority

Locally the problem of funeral poverty was highlighted in the 2015 publication ‘preventing poverty beyond death – the churches role in tackling funeral poverty’.

As Sandwell MBC actively seeks to support the most disadvantaged in our communities through a range of anti-poverty initiatives, the issue of ‘funeral poverty’ was raised at the Sandwell Funeral Directors Liaison meeting on the 26th November 2015. It was agreed by the meeting that a response was required to meet the needs of families who cannot afford the traditional funeral, but who may not qualify for a payment from the DWP.

The funeral poverty initiative provides a low cost funeral undertaken by a funeral director, not the authority. The Sandwell Funeral Directors Liaison meeting were advised on the 26th May 2016 that a local funeral director who, is also a member of the National Association of Funeral Directors, had been successful in winning the tender for the Coroners removal, Public Health Funeral and the new anti-poverty initiative.

The early indications are that the Sandwell Funeral Service is meeting a real need. Families who would have had to have a Public Health funeral are now able, through this affordable option, to carry out the last service for their loved one. Furthermore, its value has been recognized by a number of local funeral directors who have referred families to the service.

In view of the number of questions you have raised, I have responded to them in the order set out in your letter.

1.There is no conflict of interest. Many of the services of the Council are provided under a duty. Alongside these duties, the Council have discretionary powers under which the Council is already providing a number of other services. The funeral poverty initiative falls within the Council’s discretionary provision. The tender and award of contract was in line with the Council’s Contract Procedure Rules, national and European legislation. The process was supported by the Council’s Procurement team who have substantial experience of procurement law and its implementation.

2.In the event of a complaint arising in these, or any other area within the council, it is dealt with in accordance with the Council’s ’s complaints policy and in accordance with the contractual arrangement. In the rare event of the matter not being resolved it can be escalated to the Local Government Ombudsman for consideration.

3.Bereavement Services staff are not involved in ‘bearing’ the deceased. Their involvement is restricted to moving the deceased on and off the catafalque and “behind the scenes”. The funeral director performs his role in accordance with the contract specification and is responsible for bringing the deceased to the crematorium.

4.We can confirm that the funeral director and the Council has adequate insurance to cover any claims or breaches of service.

5.Families choosing a Sandwell Funeral are invoiced the full cost following the funeral, unless they chose to pay either part or the full amount at the time of making the arrangements

5a.If an invoice remains unpaid it is referred to the authority’s debt recovery team.

6.In the event of any legal action being taken against our partners that matter would be fully investigated and the appropriate course of action taken to protect the Council.

7.The deceased are retained in accordance with the guidance issued by the Ministry of Justice, Institute of Cemetery and Crematorium Management and the Federation of Burial and Cremation Administration. As you will be aware the Application for Cremation form, signed by the applicant confirms that the deceased may be retained for up to 24 hours before cremation unless otherwise requested. The Council can confirm that it is complying with its legal obligations.

8.We can confirm that this is not a commercial venture. It is cost neutral for the Council; the Council is only recovering its costs. It is only one option available for family members and will not be suitable for everyone. Families that require a more elaborate service or car, coffin etc. are advised to use the services of a private funeral director. In accordance with the tender specification the cremation service can take place between 9:00 to 17:00 Monday to Friday, with an out of hour’s service provision available outside of these parameters if required to meet religious or cultural considerations.

9.The authority provides information on all its services. Where service delivery involves a partner, details of that organisation is also provided.

In conclusion and summary, this service is not suitable for and will not attract everyone. It is a basic service. It is specifically to address the issues of funeral poverty and financial difficulties that families experience in Sandwell.

As Proper Officer for the Registration Service, Brendan Day has already responded to your enquiry concerning West Bromwich Registry Office.

As you named Mr Ashley Savill-Boss in the leaflet you intend circulating I have advised him of your intentions in order that he has the opportunity to respond.

Finally as you are currently subject to the Council’s policy on Unreasonable and Unreasonably Persistent Complainants and Unacceptable Behaviour I shall not be entering in to further correspondence concerning this matter.