Funeral Directors: Regulation

Caroline Dinenage Excerpts

Monday 9th March 2026 Commons Chamber

[Dame Caroline Dinenage (Gosport) (Con)]

I am afraid that it will be a rather morbid debate this evening. We spend remarkably little time in our lives thinking about the practicalities of death, and it is probably part of human nature that we do not dwell too much on the inevitable future fate that awaits us. That means we put far too much implicit trust in those who take responsibility for our bodies, and in those of our loved ones when we die. We all assume that in death we will be treated with respect and care by professionals, but his evening I am afraid I will share some hard truths about the gruesome reality of death. I warn anyone watching that what I have to say will be graphic and distressing—there in no way around that.

Last year, Gosport residents and funeral directors Richard Elkin and Hayley Bell were found to have kept 46 bodies entrusted to their care in a completely inappropriate environment with an unregulated temperature. Describing entering the place to see his mother, one of my constituents said,

“the awful smell is something that will never leave me”.

Concerns about what was going on behind the doors of Elkin and Bell funeral directors were first raised by local residents, and then by the senior coroner at Queen Alexandra Hospital in Portsmouth. A body had been sent for a post-mortem that was

“laying in pools of bodily fluids”

and infested with maggots. The post-mortem also found that the deceased individual had suffered a spinal fracture after death.

After a Gosport borough council environmental health investigation raised concerns but took no further action, a few months later, simply because bills had not been paid, bailiffs attended the property, where two bodies were discovered, putrefying, in a room with bloodstained floors, water dripping from the ceiling, and broken windows. One of them was an elderly gentleman who had been left for 36 days. His body was found in a badly decomposed condition. It is too much of a cliché to compare this to a horror movie, because this is real life, or real death. When the family of one of the deceased was contacted, they were surprised, because they were under the impression that their loved one had already been cremated. The company had certainly taken payment for it.

As the Minister will know, it was completely legal for Elkin and Bell to keep dead bodies in a room like that. Elkin and Bell could only be brought to justice by some incredibly diligent work by Hampshire police, the Crown Prosecution Service, and John Price KC, using a variety of different offences including fraud, forgery and a piece of common law that dates back to Victorian times. The crime of preventing lawful and decent burial was dusted off from the days when it was used to convict grave robbers. That is instead of what should have been possible, which was sentencing the pair because they had wilfully neglected bodies in their care, and treated people’s loved ones as nothing more than money spinners.

The case highlighted that the funeral sector is nothing better than a wild west. When this was first brought to my attention, I was incredulous and horrified to learn that there is no regulation of any kind governing the sector. In fact, the only law that governs the funeral industry is around the financial transparency of funeral plans, and that was put in place after a Competitions and Markets Authority investigation in 2021. There are simply no mandatory qualifications, no accreditation, no licensing, no designated working practices or formal inspection and, crucially, no law to fall back on when things go wrong.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Member for Gosport (Dame Caroline Dinenage) for securing the debate. She is right to raise this issue. In Northern Ireland, we are fortunate to have a number of funeral directors of long standing who have impeccable reputations and integrity. However, funeral directors in Northern Ireland as a whole are not regulated either. Trade bodies such as the National Association of Funeral Directors and the National Society of Allied and Independent Funeral Directors require members to follow codes of practice, but many operate without that oversight, although those who provide prepaid funeral plans are regulated by the Financial Conduct Authority. Does the hon. Lady agree that more must be done to protect the general public and instil confidence in a regulated system? That is the way forward.

[Dame Caroline Dinenage]

The hon. Gentleman is absolutely right; better regulation is exactly what we are pushing for. In fact, everything needs to be better when it comes to the services governed by those organisations. As he says, the vast majority of funeral directors up and down this country work with incredible professionalism, great pride and integrity. They care deeply about what they do, and about the families and the individuals who they look after. One funeral technician told me that she does not see her work as a job—she sees it as a privilege. Such businesses and individuals have been silent pillars of our communities for centuries.

[Mark Sewards (Leeds South West and Morley) (Lab)]

The hon. Lady is making a powerful speech on an incredibly difficult topic. On behalf of my constituents, Cody and Liam Townend and Zoe Ward, who had horrific things happen to their babies’ bodies as a result of the lack of regulation, I spoke to both main professional bodies, which cover 80% of the sector, and lots of businesses, including the biggest player in the sector. They are united in thinking that regulation is the answer to restoring public trust in the funeral sector. Does she agree?

[Dame Caroline Dinenage]

The hon. Gentleman is absolutely right and I am about to make exactly that point. I am grateful to him for teeing it up so beautifully for me, because it takes only one business to do the wrong thing to erode trust, but unfortunately the case of Elkin and Bell is not the only case. There have been similar cases at Legacies Independent in Hull and Florrie’s Army in Leeds, which I think is the case he refers to, where deceased babies were staged in lifelike positions in a living room. These are unspeakable and unimaginable horrors. There have been other cases where bodies have been found in the most unimaginable condition, but no further action could be taken by the police or others because, simply and incredulously, those businesses have not actually broken any laws.

[Simon Hoare (North Dorset) (Con)]

The Minister will know that this is the second Adjournment debate on this issue that he has had to respond to in these last several months. Given the fact that most practitioners want to see regulation and the public want to see regulation, does my hon. Friend share my concern that the Government seem to be very slow on this issue—unless the Minister is going to give us some earth-shattering news this evening? This is too vital and important a set of circumstances just to leave to an unregulated marketplace in continuation; it needs regulation and it needs it quickly.

[Dame Caroline Dinenage]

I thank my hon. Friend for listening to me on this issue when he was the Justice Minister, when I first brought his attention to the situation. The points he makes are absolutely right. Over the past couple of years I have met the two voluntary trade bodies for the funeral sector, the National Society of Allied and Independent Funeral Directors and the National Association of Funeral Directors, as well as countless reputable funeral businesses and, crucially, many of the families impacted by these cases. I am so grateful to all of them for the time that they gave me, but as my hon. Friend said, every single one of them has stressed the need for the sector to be better regulated. I echo his calls for the Minister to give us some good news on that in a minute. That is important for everybody; otherwise, all those who carry out their work with such enormous care and diligence will have to operate under the shadow of suspicion. We owe it to them as much as anyone else to get this right.

The Minister knows that malpractice is not uncommon. Quite simply, taboos and sensitivities around death have effectively created a smokescreen for bad care. I am especially concerned about one area: the rise in direct cremations. For those who do not know what that is, it is where the loved ones do not see their deceased at any point in the journey. In their cases, there are absolutely no safeguards, checks or balances. The key thing here is that direct cremations have expanded hugely in the last few years, partly as a result of covid, from just 3% of funerals in 2019 to 20% in 2023.

We all see the charming adverts on the television in which an elderly gentleman explains with a smile that he has arranged for himself a direct cremation. He says, “I just didn’t want any fuss. It is much easier for my children.” We know that some very reputable and caring businesses do this process, but if the children knew what direct cremation might be, they would know that it might be little better than a conveyor belt. Mum and dad may be bundled into a van, maybe still in their soiled nightclothes, with a catheter attached and without any form of temperature controls. They could be taken to an unknown location and left for days before a slot becomes available at a crematorium. Who knows? In the hands of an unscrupulous company—who knows which ones they are?—it is all too possible for any human dignity and respect to become a completely unnecessary complication and expense in this process.

The only requirement before cremation takes place is that the body needs to be rid of objects such as pacemakers and other medical equipment. That was another part of my journey through understanding this process. This surgical procedure is carried out by embalmers, who also drain the body of blood in order to replace it with embalming fluid and remove the contents of the stomach. I was really shocked to learn that that can be performed without any accreditation or qualification whatsoever, and with no minimum standards of care for the body. That is not to say that there is not a form of qualification—the British Institute Of Embalmers provides professional training, and reputable companies such as Co-op funeral directors require a level 5 apprenticeship qualification for their embalmers—but it is not mandated to be able to practise.

In a nutshell, if the political career of any one of us in this room did not work out, we could walk out of here and set up our own funeral home—in our house, if we wanted to—with no special skills or accreditation and nobody inspecting our work. With that as the starting point, who can ever say for sure that their family member was treated with the appropriate professionalism? I have a question for the Minister; I know he has been hoping that I would get to this for some time. What can the Government do to restore trust in this sector? It is unfair on those who practise with enormous integrity that their professionalism is being called into question.

The Minister will know that the Fuller inquiry was set up in the wake of the crimes of the necrophiliac David Fuller, who abused 100 dead women and girls in a hospital mortuary in Kent. Those women were between the ages of nine and 90. In the wake of cases such as those in Hull and Gosport, Sir Jonathan Michael, who led the work into the Fuller report, was asked by the Government to prepare stage 2 of the report, which considers the wider funeral sector and those working in it. The report was published last July and includes some very sensible recommendations, including a statutory regulatory regime for funeral directors that invokes a licensing scheme, mandatory standards and regular inspection.

[Perran Moon (Camborne and Redruth) (Lab)]

This is a really important debate. While regulation of the funeral sector is fundamental, does the hon. Member agree that it must be proportionate? A small, independent home carer for 20 or 30 people a year cannot be expected to have to mirror the administrative burdens placed on a large, multi-site corporate provider. Does she agree that core standards must be universal, but related to the structure and scale of a business?

[Dame Caroline Dinenage]

I do not think that the size of a business is necessarily any reflection of its professionalism. We know that a large number of small, independent funeral services up and down the country work with incredible professionalism.

The hon. Gentleman is also right that nothing should be introduced that is unnecessarily bureaucratic or costly for those businesses.

The Fuller report says:

“It is important that real change is implemented to ensure the security and dignity of the deceased, and that a specific government department is given responsibility for overseeing this.”

Everybody who is involved in this sector recognises that there is a need for it to be properly regulated, inspected and overseen, so can the Minister set out clearly what his initial thoughts are on the recommendations of the Fuller report and when the Government will respond to them in full? When they do so, will they set out clearly what firm action will be taken, and when? We have waited so long, so when the Government respond, it must be with clarity, with purpose and—above all—with urgency.

[Tessa Munt (Wells and Mendip Hills) (LD)]

When the Minister replies, can he be clear about whether it is the Department of Health and Social Care or the Ministry of Justice that has control over this area? There seems to be a bit of a wrestling match going on between the two. I am sure the hon. Lady agrees that responsibility needs to sit in one place, so that there is definite control over this sector.

[Dame Caroline Dinenage]

The hon. Lady is absolutely right. It is crucial to know which Department will take the lead on this work and ensure that it happens, because while I think the Minister will be responding to the Fuller report, we are also awaiting the outcome of a Law Commission report that was kicked off in 2022 by the last but one Justice Minister, the former Member for Finchley and Golders Green. That report is looking at different laws on what happens to our bodies after death; it does not include the regulation of funeral directors. My fear is that, as the hon. Lady just said, efforts to regulate the sector will fall between the silos of Government Departments, and nobody will grip this issue.

As we have discussed, what is required is a minimum standard of qualification, accreditation or licensing, and robust inspection. A regulator with the power to withdraw licences and sanction wrongdoers might seem like a tempting first step, and Scotland is ahead of England, having passed legislation 10 years ago to introduce a licensing and inspection regime. However, 10 years on, not a single Scottish funeral director I have spoken to has actually been inspected. I am concerned that this could be the worst of both worlds, with the illusion of regulation masking the possibility that nothing has changed in practice.

A sensible approach would be to extend the scope of the Human Tissue Authority beyond public mortuaries to the whole death pathway. The Fuller report recommends that the HTA

“should require the organisations it licenses to ensure that any individual who provides care to deceased people is suitably qualified, experienced and supervised.”

If inspections are going to be carried out by local authorities, they need to be significantly better trained and resourced to do so, and we would have to take into consideration the fact that some of them run funeral services of their own. They cannot mark their own homework. Inspections must have public trust. The regulator can make sure of this by aligning its minimum codes of practice with those provided by the two voluntary trade bodies we have already heard about, the SAIF and the NAFD.

I am also concerned about the existing marketplace in training. For sums of money reaching into the thousands of pounds, professional qualifications are delivered by the British Institute of Funeral Directors. At face value, that seems quite promising; after all, those courses are accredited by the University of Greenwich. So far, though, I have seen absolutely nothing that gives me confidence in the legitimacy of the BIFD’s work, particularly in light of the fact that Hayley Bell of Elkin and Bell fame, who has now been sentenced to four years in prison, was one of its examiners. If its own examiners cannot uphold even the most basic standards of care for the dead, what is the value of the qualifications it is selling people? Just as important as qualifications is a person’s suitability for a job. Surely, a lesson from the Fuller case is that funeral technicians and embalmers, as well as anyone else involved in the death pathway, should undergo a Disclosure and Barring Service check.

As we have heard, the death pathway is open to so much abuse, and I warn the Minister that the cases I have mentioned will only be the tip of the iceberg while there is no regulation to tackle them. Doing so will require a whole system of changes, not just licensing and inspection. In some cases, this could be achieved by expanding existing legislation, such as the Human Tissue Act 2004, and it must be done in a way that is not punitive for small, independent businesses.

I would also like the Government to explore the possibility of a new crime, that of the mistreatment of a body after death, because we cannot keep relying on Victorian common law. We must ensure that the death pathway is much clearer and runs more smoothly, to provide a minimum of opportunity for things to go wrong. For example, I have heard that in some cases, bodies are already decomposing by the time they make it to a funeral director because of a lack of medical examiners to sign off the death. What reassurance can the Minister give me that his Department is going to improve standards in this area as well?

I believe that for there to be full accountability and trust in the system, a clear method of tracking the bodies is necessary. One of the most heartbreaking parts of the Elkin and Bell trial was the story of baby Albie, who died after just 11 minutes of life. His parents still have no clear picture of what happened to his body after it was taken into the care of Elkin and Bell. At every step of the journey, identification numbers and proof of licence should be shown when a body is passed from one responsible authority to another. Without that, families simply do not have the certainty that their family members have been well treated, or even that they have been reunited with the correct ashes.

Madam Deputy Speaker, you will be pleased to know that I am coming to a conclusion. Why is this issue important? We all know people who say, “I don’t care what happens to me after I’m dead; I won’t know anything about it.” It is a truism that funerals are for the living. I have been heartbroken by the stories I have heard from families who regret the arrangements made for loved ones—stories of feeling racked with guilt and unable to say goodbye in the way that they wanted. Grieving is such an important part of human ritual, regardless of someone’s religion or beliefs. We are elected to Parliament to make things better and to improve people’s lives, but today I am asking the Minister to commit to improving people’s deaths, to restoring dignity in death, and to ensuring that our loved ones are treated with the care and professionalism that they deserve.