The Council's Bereavement Service can offer any help and advice to people considering exhumination. Exhumation, in this context, means the removal from the ground of a body or cremated human remains. It is illegal to disturb human remains without the appropriate authority being obtained.
It is either the Home Office, or the Diocesan Registry (Bishops Faculty), which grants the appropriate authority for exhumations, and in certain situations both are needed. This will be dependent on the classification of ground where the remains are buried whether it be Consecrated or Unconsecrated. The Bereavement Services Manager can advise on the type of exhumation licence required in each instance.
Obtaining a Home Office Licence
The person seeking the exhumation may obtain an application form either direct from the Home Office, or via the Bereavement Services Manager (see Contact Us Bereavement Services).
Having completed part A of the application form, the applicant will then present it to the Bereavement Services Manager for completion of part B. This part B offers the opportunity for the Burial Authority to make observations on the proposed exhumation. Once completed, the form is sent on to the Home Office. At the moment the Home Office makes no charge for granting and issuing a license.
Obtaining a Bishops Faculty
The person seeking the Faculty may obtain an application form either direct from the Diocesan Registry or via the Bereavement Services Manager. When the application has been completed it must be sent direct to the Diocesan Registry.
In considering the application the Chancellors will be very particular that there should be sufficient grounds for granting a licence for exhumation.
Other Consents
Generally speaking the owner of the Exclusive Rights of Burial to the grave should be the person making the application, but in any case the written permission of the said owner will be required to authorise an exhumation. In addition permission of the next of kin of the deceased to be exhumed will also be necessary.
Where it is necessary to disturb other human remains in order to carry out an exhumation, the written permission of the next of kin of each person so disturbed must normally be obtained
