In reply to an adjournment debate on the regulation of the funerals industry on 9 March, initiated by Dame Caroline Dinenange (Gosport, Con), the Parliamentary Under-Secretary of State for Health and Social Care, Dr Zubir Ahmed, noted that recent cases, though rare, had revealed serious weaknesses in the present system of regulation:

“Unacceptable and distressing incidents, such as bodies being stored or treated in ways that cause deep anguish, were able to occur. In some instances, the police lacked the powers they needed to act. In the case of Elkin and Bell, the two funeral directors in the hon. Lady’s constituency, charges included intentionally or recklessly causing a public nuisance, the common law offence of preventing the lawful and decent burial of a body, and carrying on a business with intent to defraud creditors or another fraudulent purpose.”

He told the House that the Ministry of Justice was “actively exploring options to strengthen criminal law protections for the deceased, including the potential for new offences as outlined in the Law Commission’s 14th programme of work”, which would identify gaps in the current law and whether new offences were needed “to address behaviours that fail to treat a deceased person with dignity and respect”.

He noted the outcome of the independent inquiry into the crimes committed by David Fuller (who sexually abused the bodies of women and girls in hospital mortuaries) and how those actions went unnoticed:

“The overall recommendation of the inquiry’s chair, Sir Jonathan Michael, was for the Government to introduce an independent statutory regulatory regime to protect the security and dignity of people after death in all settings where deceased individuals are cared for, regardless of the institution, including funeral directors. Eleven of the phase 2 recommendations relate to the introduction of statutory regulation, including regulation of the funeral sector. They remain under consideration. Through the Fuller inquiry recommendations programme board, established in July last year, work continues apace with the Ministry of Justice, the Department for Business and Trade and the Ministry of Housing, Communities and Local Government to assess options for Government intervention to improve standards of care for the deceased in the funeral sector, and, as such, to respond to the recommendations”.

It was a complex and sensitive matter that required careful and thoughtful consideration to safeguard the rights and dignity of those who have died, to support their bereaved families, and to ensure that any measures were proportionate, “given that we are working with a number of small and medium-sized enterprises”. Discussions within government were continuing; however,

“The funeral sector comprises 6,500 private businesses across the UK, the vast majority of which serve their communities with compassion and integrity, as we have heard tonight. Some 85% are already members of trade bodies that provide guidance, codes of practice and voluntary inspection schemes. The Government are committed to reducing the administrative burdens of regulation on businesses by 25%, and that will contribute to our approach to regulation in this area.” The Government was committed to making a full response to the Fuller inquiry phase 2 report in summer 2026.”