Local Authority Funeral Charges

Debate between Phillip Lee and Siobhain McDonagh

Tuesday 24th October 2017 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I begin by congratulating the hon. Member for Mitcham and Morden (Siobhain McDonagh) on securing this debate, and I am grateful for the opportunity to respond.

May I extend my condolences to the hon. Lady’s constituents on the sad loss of their loved one? I was very sorry to hear of their distressing experience, and I am grateful to the hon. Lady for raising these concerns today. This constituency case raises an important matter that many of us will have to face when we lose a loved one. Understandably, however, it is an issue that we may focus on only when sadly we find ourselves faced with a perhaps unexpected financial pressure at an already difficult and distressing time.

The hon. Lady has questioned the sometimes wide variation in the burial and cremation fees charged across local authorities. I appreciate that those differences may sometimes be unexpected or difficult to understand—after all, public burial and cremation authorities are likely to be providing very similar services and facilities—but local authorities’ independence from central Government means that they are responsible for managing their budgets in line with local priorities. That is entirely appropriate; central Government cannot predict exactly what the cost of a local service will be. The fact that local authorities’ money is not ring-fenced allows them to use their resources flexibly, rather than going through burdensome reporting and accounting processes.

Local spending decisions are better made by people who understand their communities and who are therefore best placed to make the right call. For that reason, local authority spending priorities are ultimately a matter for local discretion. Councils in England will receive more than £200 billion for local services, including burial and cremation services, over the spending period 2015-16 to 2019-20. We do not shy away from saying that difficult decisions are required to finish the job of eliminating the deficit and dealing with our debts, but what we have seen since 2010 is that efficiencies can be made while broadly maintaining satisfaction with local government.

In line with the principle of local discretion, public burial and cremation authorities have the power to set their charges at levels they consider appropriate. It has been argued that one of the factors affecting the level of local burial fees is the availability of burial space, which is running out in parts of towns, cities and countryside. It is not a concern in some areas, however, so it is not yet clear that pressure on burial space is a national issue requiring central Government intervention. Successive Administrations have kept the situation under review, and we are considering whether the current position should continue.

In view of London’s particular needs in this area, the London Local Authorities Act 2007 makes special provision for eligible public burial authorities to terminate burial rights and reuse graves, subject to certain conditions. The decision on whether to make use of those provisions is a matter for individual burial authorities, taking into account all the local relevant factors. To date, however, take-up has been very low.

[Siobhain McDonagh]

If the Welsh Assembly and the Welsh Government can find it in their hearts to look at fees for child burial, why can guidance not come from the Department for Communities and Local Government about what the Government would wish to see from English local authorities? As the major funder of local authorities, that would seem a reasonable thing to do.

[Dr Lee]

Cross-Government work is going on in response to the campaign by the hon. Member for Swansea East (Carolyn Harris). I will come to that point later, but the decision on that work is yet to be made. The complexity is that the policy area sits across a number of Departments. If the hon. Member for Mitcham and Morden will bear with me, we are coming to a resolution.

In exercising their local discretion, many public burial and cremation authorities have chosen to waive or reduce fees for children’s funerals. I am grateful to those that have done that, and I take this opportunity to encourage many more authorities to consider it. I recognise the Welsh Government’s commitment in that context, and I would also like to thank providers of wider bereavement services, such as Co-op Funeralcare, that have made the decision to waive fees relating to children’s funerals.

The loss of a child is an incredibly difficult and distressing experience for any family, and the costs connected with it can therefore be of particular concern. As has been said many times in this debate, the issue has been championed over the past year by the hon. Member for Swansea East. I pay tribute to her tireless campaigning and her courage in sharing her own tragic experience in order to highlight this important matter. As promised in our manifesto commitment, we continue to work across Government to identify what more can be done to support families in the very difficult circumstances following the loss of a child.

The hon. Member for Mitcham and Morden also raised the variation in funeral costs more generally. The Government would not want to interfere with an individual’s choices for their funeral arrangements. In any event, the cost of funerals is not just an issue for Government—providers of funeral services including faith communities, funeral directors, local authorities and owners of crematoriums all have a role to play. We believe that where a family can take responsibility for the cost of funeral arrangements, they should do so, but there are times when state support is appropriate.

We are committed to supporting vulnerable people going through bereavement. The period following a death will have an emotional, social and economic impact for the bereaved, and people may need to draw on a wide range of support at that difficult time. That includes the provision of funeral expenses payments to help people on qualifying benefits with the costs of arranging a funeral. Such payments make a significant contribution towards the costs of a simple, respectful funeral, covering the necessary costs involved with burial or cremation and up to £700 of other funeral expenses. Funding from the funeral expenses payments scheme and social fund budgeting loans offers an adequate level of support, while crucially maintaining a fiscally viable fund.

[Siobhain McDonagh]

We are drawing near the end of this debate. Will the Minister consider taking on the issue of the discrepancies between resident and non-resident burial costs and encourage local authorities to look at understanding the length of time someone may have lived in a borough prior to their death?

[Dr Lee]

I will of course consider taking that on. As I said, the bereaved may need to draw on a range of support.

A question was raised about burial fees increasing because of austerity. We do not shy away from telling people that further difficult decisions are required to eliminate the Government’s deficit, but it has already been demonstrated that we made difficult decisions with local government finance and the public have broadly been supportive.

A number of issues were raised. A question was asked about the increase in public health funerals, which are the responsibility of local authorities. Funeral costs beyond burial and cremation fees are a commercial matter. I am grateful to those providers that already reduce or waive fees, particularly in relation to children. Transfer fees are at the discretion of local authorities. A child funeral fund was suggested, and that is a matter directly for the Treasury. I ask the hon. Lady to write to officials with details of the constituency case she raised. We will fully consider it.

I thank those Members who have contributed by way of intervention: the hon. Member for Torfaen (Nick Thomas-Symonds), my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) and the hon. Member for Strangford (Jim Shannon). In conclusion, I thank the hon. Member for Mitcham and Morden. This debate has been a valuable opportunity to discuss matters that, if not considered openly, can only add to distress at the most difficult times in our lives. In participating in today’s debate, I believe we have gone some way towards positively addressing this issue.

Question put and agreed to.