If a resident of Spelthorne dies and there is no one else willing to make the arrangements and pay for the funeral, then Spelthorne Borough Council will make sure that person receives a proper funeral (section 46 of the Public Health (Control of Disease) Act 1984).
Usually this happens when someone dies with no known blood relatives or has relatives that do not want to be or are not able to be involved.(Exemptions - the above provision does not apply to anyone who dies in hospital or in an ambulance on the way to hospital. Under these circumstances, the responsibility lies with the Health Authority.)What happens next?We will do everything we can to try and locate living relatives or friends who are willing to deal with the deceased’s estate and pay for the funeral. If a Will is found, the executor (the person who will be responsible for looking after the deceased person’s estate) will be asked to make the funeral arrangements in line with the deceased person’s wishes. The Council will not be involved further.If we are unable to locate anyone then we will try to establish the faith of the deceased and arrange a dignified service. Who pays for the funeral?The cost of the funeral is normally paid for using the money from the deceased person’s estate (a person’s estate is the belongings owned by the deceased person). If there isn’t enough money in the estate to meet the costs, the executor of the Will is personally responsible. If the deceased person has not made a Will the person who is arranging the funeral (normally the next of kin) is responsible for the funeral costs.Help may be available from other sources like charities and the Department of Works and Pension (DWP). If any close relatives are supported by benefits from the DWP then financial assistance for the funeral can be made by applying to the DWP Social Fund (external website) or by visiting the Directgov website and downloading form SF200 – Assistance with funeral payments (external website). If this happens we advise the executor to keep the funeral costs to a minimum as funds will be limited.If the next of kin is not prepared to arrange and pay for the funeral, we will ask the next of kin to make a written statement to confirm this. The Council will then arrange and pay for the funeral. In arranging the funeral, the Council will deal with all aspects of organising the funeral including registering the death and dealing with the undertakers. Burial or cremation?Unless we know that the deceased would want to have a burial, or we are aware of preference due to religious reasons, funeral arrangements will be made with a funeral director of our choice to have a cremation service. If the deceased has left paperwork or told family of friends that they wanted to be buried, suitable arrangements will be made. In either case an appropriate religious or non-religious ceremony will be arranged depending on the deceased’s beliefs (if we know what their beliefs are).At the crematorium a public health funeral is just the same as any other funeral with a chapel service. If possible the duty minister carrying out the services will have an opportunity to speak to any family or friends before the funeral so that they can make the service a personal one. If family and friends are going to be at the funeral, if appropriate, a hymn may also be included in the service.If it is a burial, a graveside service is normally held. This would be the same as any other graveside service; however, there will not be a gravestone to mark the grave.Property and belongings of the deceased personThe property will be made secure and any keys or property belonging to the deceased that family and friends have should be handed in for safekeeping. All property should be recorded and handed into the Environmental Health Service. Spelthorne Council will then issue a receipt for any property handed in.If the deceased person left furniture or other personal belongings, Spelthorne Council cannot make arrangements for these to be disposed of. The cost of clearing the property is normally met by the estate. Property should not be removed from the house unless legal authority exists to do so. If the deceased person’s belongings are not worth anything in monetary value and the property was rented, the landlord is responsible for recovering the property and dealing with the contents.If, after the funeral costs have been met and there is still some money left over, Spelthorne Council will notify the Treasury Solicitor.Recovery of expensesWherever possible Spelthorne Council will recover expenses from the deceased’s estate to limit the cost to the taxpayer. The following administration fees will be made and recovered from the estate.
Administration fee – 30% of the cost of the funeral
If there is not enough money in the deceased person’s estate to cover the administration costs a statement will have to be made. This will need to confirm what has been left in the deceased person’s estate (including money, possessions and property) and the charges may not apply.The Council will recover its costs of the funeral from the estate of the deceased, in the form of a civil debt recoverable within three years. Under this Act the funeral expenses are the first call on any estate. The Council is entitled under the Act to collect any and all sums of money due or belonging to the deceased, and to sell any belongings of the deceased in order to help offset the costs of the funeral and expenses. Any short fall would be borne by the Council.The Council will not accept part payment for funerals, contribute to the costs of funerals organised by other persons, or administer estates on behalf of others.Welfare funerals the Council has administeredInformation relating to welfare funerals the Council has administered over the last five years can be found on our website (Pdf 30kb).This is regularly updated each time a welfare funeral has taken place.Graphical Version l
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