Exhumation or Disturbance of Human Remains

It is unlawful to remove or disturb human remains, including cremated remains, from a place of burial without first obtaining the permission of the Local Authority covering the location in which they are buried. Permission in the form of a licence or faculty must also be obtained from the Home Office and/or the Diocesan Authorities before an exhumation can proceed.

Within our cemeteries, the land is designated either Consecrated or non-consecrated. The designation 'Consecrated' means that that section of land has been dedicated by a Bishop according to the rites of the Church of England. Where a burial has taken place in Consecrated land, a faculty must be obtained from the Carlisle Diocese before any exhumation can take place, and depending on the specific circumstances, a Home Office Licence may also be necessary.

Exhumations are, fortunately, rare and may be extremely traumatic for the family involved. The circumstances under which they will be carried out must therefore be exceptional. Although there are official reasons for carrying them out, throughout the country there has been an increasing number of petitions for what might be considered far from exceptional reasons and circumstances. The Church view is not to grant a faculty unless there are special circumstances which justify the exception to the norm that Christian burial is final. For this reason, you should consider very carefully whether you would wish to make an application and consult with all relatives before proceeding.

The following costs must be considered:

1. Cemetery fees for the disinterment (and re-interment, if required in our cemetery) - including the removal of any memorials. The Authority reserves the right to insist that a company specialising in exhumations may be required to carry them out.
2. Funeral Directors charges including a new coffin or casket and removal to a new burial site.
3. Bishop's Faculty, if required.

The Cemeteries Officer can give you information and guidance on making an application.

Broadly, the procedure for submitting an application is :

• Home Office Licence. 
  The person seeking the exhumation may obtain a form either from the Home Office directly or from the Cemeteries Office (see addresses below). Having completed Part A, it should then be sent to the Burial Authority (SLDC), who will complete Part B of the form, provided it is correctly and properly filled in, and they have no objection to the proposed exhumation. They will then send the form on to the Home Office on your behalf.
  
  The Home Office does not presently make a charge for issuing a licence, and they are generally granted within three to four weeks.
  
  
• Bishop's Faculty.
  The person seeking the faculty for exhumation should make application to the Diocesan Registry in Carlisle. They will issue a form of 'Questions' and once completed it should be returned directly to the Registry. The non-refundable fee for lodging an application to the Registry is presently £162.00. As explained above, the Diocesan Chancellors are very particular that there should be sufficient grounds for an exhumation.
  
  
• The Exhumation.
  When all the required permissions have been received, the Authority will arrange a suitable date for the exhumation. It will take place early in the morning before the cemetery is open, although preparatory work on the grave may be carried out the previous day. The Authority will carry out a risk assessment and have all the necessary equipment available. It will be carried out with decency and respect with the minimum of disruption.

NOTE: No one other than officials will be allowed to attend the exhumation.

Those present when the exhumation is carried out are:

1. The Funeral Director - who is the applicant's representative. (Not necessary at the exhumation of cremated remains.)
   
2. An Environmental Health Officer - who ensures that there is no threat to public health of the staff carrying out the exhumation, and for subsequent visitors to the area, and that the terms of the licence are being met.(Not necessary at the exhumation of cremated remains.)
3. The cemetery staff carrying out and supervising the exhumation.

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