Welfare funerals
This page explains the process by which Welfare Funerals are dealt with by Oadby and Wigston Borough Council.
Most of us like to think that at the end of our lives, we shall have a dignified funeral, arranged and attended by people who care for us. However, each year across the country, hundreds of people die without relatives or next of kin to make these arrangements at this very sad time.
Where this happens the council has to provide a welfare funeral, as it is commonly known, for anyone who dies or is found dead, in its area and for whom it appears there are no suitable funeral arrangements being made.
This is a duty councils are given under the Public Health (Control of Diseases) Act 1984.
In Oadby and Wigston this is carried out by environmental health officers.
Typically we are called upon to arrange a funeral for someone who dies either in a nursing home or residential home in the borough or alone at home. Where the death occurs in a hospital that is managed by a hospital trust, the council is not involved as the funeral arrangements are the responsibility of the hospital. If the death occurs in the area of another local authority, it is their responsibility to arrange the funeral of the deceased person.
In order to establish who will be responsible for undertaking the funeral arrangements, the council has statutory authorisation to ascertain the extent of the estate and take charge of any items or assets which may be assist in funding the funeral. This includes a search of the home of the deceased where this is necessary.
In some cases it also involves arranging for release of monies from accounts in the name of the deceased.
There may be relatives who are not prepared or not able to take responsibility for the funeral arrangements. Here, to prevent untimely delay, the council has the duty to arrange the funeral and to recover costs later.
However in most cases, we make funeral arrangements for someone who dies without any relatives who can be traced.
With this in mind, arranging a welfare funeral is a duty that environmental health officers carry out with due dignity and respect for the deceased.
While the council arranges a relatively low number of welfare funerals, the work involved does take a significant amount of time and of course requires an immediate response that takes priority over any other pre-planned work.
For details of welfare funerals that the council has undertaken since 2006, go to the related documents section of this page.
Related Documents (1)
Frequently Asked Questions (10)
Generally speaking, a cremation will be arranged, unless we find evidence that this is contrary to the wishes of the deceased person for personal or religious beliefs.
In order to establish who will be responsible for undertaking the funeral arrangements, the council may undertake a full search of the premises where the deceased person lived. If there is no property to search, for example where the death occurs in a care or nursing home, any personal papers will be carefully examined to discover if there are next of kin to arrange the funeral.
If the relative receives certain benefits, they may be entitled to a one-off payment towards the cost of a funeral. For more information contact your local Jobcentre Plus office (see related links) or Social Security office.
Relatives will need to apply to the Probate Office for a Grant of Probate and Letters of Administration if they wish to access the remainder of the estate. Find out more by contacting the Probate Office and the Treasury Solicitor. Their details can be found at the related links section.
The general rule is that if there are relatives, they should arrange the funeral without the council’s involvement.
However, if it is clear they cannot or will not do this, the council has a duty to make arrangements and recover its costs.
The nearest family member has to sign a disclaimer to acknowledge and agree that the council will collect any funds which become available to offset our costs. This can include the family member being charged by the council for any shortfall.
In this case the council cannot become involved in the undertaking of funeral arrangements unless the executor revokes the will.
The law allows the council to enter the property and remove any items or assets that may help to pay for the funeral. A careful search may have to be carried out as it is possible important documents may have been stored in unconventional places, for safe keeping.
If the coroner is involved, a coroner’s officer should have previously removed any valuables, money, benefit books and official documents while undertaking their initial investigations into the person’s death.
The council will ensure that the premises are left secure and keys handed to the Coroner’s Office or a police officer. Keys will not be left with neighbours or anyone else.
In either of these cases, the council will not become involved and is not able to refund any expenses that have already been paid or are due to be paid. If you have instructed a funeral director to act, you are responsible for the costs they will charge.
Generally after the funeral costs and administration charges have been deducted, any funds over £500 will be forwarded to the Treasury Solicitor (see related links).
Landlords should not enter or remove any items from the property until the council has completed enquiries. In normal circumstances, this will be undertaken quickly and the keys returned to the property owner as soon as possible. We will keep the landlord fully up to date with our investigation.
Freedom of Information Requests (2)
Death of Persons with No Known Next of Kin
- Requested on
- Monday, 19 September 2011
- Reference
- 2011 September 12
- Resolution
- Information provided
Welfare Funerals
- Requested on
- Wednesday, 12 October 2011
- Reference
- 2011 October 03
- Resolution
- Information provided
Last updated: Wednesday, 18 January 2012 4:53 pm
