Law Commission seeks public input on funerary regulation

The Law Commission has launched a consultation to gather views on a proposed legal framework aimed at regulating new funerary methods in England and Wales. These methods, which include alternatives to traditional burial, cremation, and burial at sea, currently lack legal status and regulation in the UK, though they are available in various countries including Ireland, the US, Canada, and Australia. The consultation, which is expected to result in final recommendations for the government by spring 2026, is an essential step towards shaping future practices in death care.

As part of the consultation, the Commission seeks opinions on several critical issues. One aspect involves whether the government should consider certain principles, such as the preservation of human dignity, when regulating these new methods. Additionally, the Commission explores the necessity of licensing for these practices and indicates that using unregulated methods could result in criminal offences. The proposed regulations would also introduce new criminal offences relating to the regulated use of these alternative methods, mirroring existing laws related to cremation, such as making false representations.

Professor Alison Young, Commissioner for Public Law and the Law in Wales, expressed the need for such a framework by stating, “The established funerary methods of burial, cremation and burial at sea have existed for a long time. New methods are being developed, and the law has not changed to make provision for them. Our proposals for new legislation would enable the future regulation of new funerary methods. While we are not proposing or advocating any particular methods, we believe a new regulatory framework will enable people to have more choice in future about what happens to our bodies after we die.” She also emphasised the importance of ensuring any changes are made sensitively, with appropriate safeguards.

In response to the Commission's call for public engagement, Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice, stated, “The Government welcomes the Law Commission’s work and encourages the public to engage with this consultation. We look forward to receiving the Commission’s recommendations on a modern and coherent regulatory framework for emerging funerary practices in due course.”

The consultation is open until 4 September 2025, allowing ample time for individuals, experts, and stakeholders in the death care sector to provide their insights. This initiative not only aims to address current gaps in the regulation of funerary practices but also seeks to establish a framework that is reflective of society's evolving attitudes towards death and remembrance.