At the Hay Literary Festival, the Rev Richard Coles admitted to placing pets’ ashes in their owners’ coffins while serving as vicar of St Mary the Virgin in Finedon from 2011 to 2022. Reaction on social media reflected the view that whilst illegal, many contributors deemed it acceptable and thought that it should be accommodated more formally. Some suggested that the practice was more common than acknowledged, although most documented information tends to be restricted to those elements in which there is no doubt as to their conformity with legislation.

This post reviews the current legislation on the burial or scattering of the cremated remains of humans and animals, which includes burial law, provisions on animal by-products and ecclesiastical law. However, there is no single instrument which addresses both. Burying an animal in a church or municipal cemetery, including the placement of an urn in a coffin, is illegal; nevertheless, burial in a pet cemetery on private land or scattering of the ashes is permissible in most cases. A subsequent post will review recent developments in Australia in which the burial of humans and animals may be accommodated.

Burial

An earlier post considered Groundwater pollution from cemeteries (22 March 2017) following the introduction of a new tranche of EA position statements on groundwater protection. The potential contamination of groundwater from burials is a major factor to be considered and Environment Agency Guidance (1 April 2022) indicates that different rules apply to:

• domestic pets;
• pet cemeteries; and livestock and
• wild game.

The EA guidance indicates that permission is not required to bury domestic pets on one’s own land, for which there are no minimum good practice groundwater protection requirements. However, if pets are to be buried in a churchyard or cemetery, it is necessary for it to be registered as a pet cemetery with the Animal and Plant Health Agency, (APHA). In addition, the owners/managers will need to comply with:

• minimum good practice groundwater protection requirements;
• the Animal By-products (Enforcement) (England) Regulations 2013;
• the voluntary code of practice of the Association of Private Pet Cemeteries and Crematoria.

Examples of pet cemeteries

In January 2010, the Daily Express ran the story Pet Lovers Can be Buried with their Animals which revealed that the village of Stainton by Langworth, near Lincoln, was to become the only place in England where humans could be near their dogs, cats and even hamsters forever.

It stated: “West Lindsey District Council gave permission for the scheme because the local churchyard of St John the Baptist is, like many others in Britain, fast running out of space”. [Clearly, the lack of space aspect of the comment is unrelated to the provision for pet burials in the newly authorized cemetery.] Importantly, however, the Orchard Burial Ground is privately owned, and as such the owner has the option to inter pets, provided other legislative requirements are satisfied. The web site for the cemetery indicated that there are areas where “people, pets or even people with their pets, can be buried”; i.e. separate areas where people can be buried; ashes can be scattered; people and their pets can be buried alongside each other; and for pet burials.

The Association of Private Pet Cemeteries and Crematoria notes:

“Pet crematoria are controlled under the Animal By-Product Regulations and, in some areas, Waste Management Licensing…Licensing for Pet Crematoria and Cemeteries is only concerned with the operation as a disposal site. There are no regulations controlling how the cremations should be carried out to ensure the correct ashes are collected, for the dignified handling of the animals or to distinguish between ashes going to a normal disposal site or to a specific memorial area. The standards set by the Association are the only ones that provide this distinction”.

Individual cremation

The Federation of Burial and Cremation Authorities (FBCA) Code of Cremation Practice states:

“6. Separately Cremated: Each deceased person given to the care of the Cremation Authority shall be cremated separately. Exceptions may be made for instance in the case of mother and baby or twin children providing that the next of kin has made a specific request in this regard”.

This is not the case for the burial of animals, for which both individual cremation, or a communal options may be available.

Scattering of ashes

In view of their essentially inert nature, the scattering of cremation ashes presents few environmental issues, and is permissible providing it is undertaken with the permission of the landowner. However, consistory courts are unwilling to grant a faculty other than placing ashes contained in a buried urn in the grave space or for “strewing” the ashes, i.e. pouring of the ashes directly into the grave or directly onto the ground in the grave before immediately covering them over with earth, rather than “scattering” them broadcast. [See Re Holy Trinity Trowbridge St. Thomas [2025] ECC Sal 1 [Revised], which is further discussed here. Courts are also unwilling to permit the “mingling” or mixing of ashes from more than one source [See Re Hereford Cemetery [2023] ECC Her 1].

Comment

Unlike in most other European jurisdictions, the bereaved family has, by law, a potentially significant role in determining the subsequent treatment of the ashes. Under Regulation 30 Cremation (England and Wales) Regulations 2008, the cremation authority:

“(1)(a) must dispose of the ashes in accordance with the applicant’s instructions for ashes; or (b) in any case where the applicant does not give instructions for ashes […] where “instructions for ashes” means the instructions given on the application form completed by the applicant, or any subsequent written instructions given by the applicant to the cremation authority”. 

Furthermore, The Cremation (England and Wales) Regulations 2008: guidance for funeral directors, (9 September 2024), stresses “Funeral directors must not complete and/or sign the application form on behalf of the applicant. The application form must be completed and signed by the applicant, supported by the funeral director.” [Footnote 3: clarifies: “The applicant for cremation should usually be a near relative or an executor”].

Footnote

At L&RUK we do not give legal advice, or purport to do so. This post summarizes the issues relating to the burial of pets. For specific queries on the application of the legislation, professional legal advice and the opinion of the competent authorities should be sought.