Funeral Directors: Regulation

Tessa Munt Excerpts

Monday 9th March 2026 Commons Chamber

[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.