Annual Report: Inspectors of Burial, Cremation and Funeral Directors 1st April 2023 - 31st March 2024

Annual Report: Inspectors of Burial, Cremation and Funeral Directors: 1st April 2023 - 31st March 2024

Introduction

1. This report has been compiled by Robert Swanson QPM, Senior Inspector of Burial, Cremation and Funeral Directors and in part by Professor Gordon Findlater, Inspector of Burial, Cremation and Funeral Directors. Professor Findlater retired from the role on 31^st December 2023.

2. The report is submitted in accordance with the requirements of Section 93 of the Burial and Cremation (Scotland) Act 2016 to provide Scottish Ministers with a resume of duties undertaken during the period 1^st April 2023 to 31^st March 2024.

Brief Background

Senior Inspector of Burial, Cremation and Funeral Directors

3. Robert Swanson QPM was first appointed to the post of HM Inspector of Crematoria on 9^th March 2015, following a recommendation in the Report of the Infant Commission headed by Lord Bonomy, into historic practices concerning the cremation of babies at Mortonhall Crematorium, Edinburgh. This original appointment was made under the Cremation (Scotland) Regulations 1935, which at that time was the most up-to-date legislation relating to cremation.

4. Since that time, the 1935 Regulations have been repealed and replaced by the Burial and Cremation (Scotland) Act 2016, which came into force on 28^th April 2016.

5. On 4^th April 2019 the Cremation (Scotland) Regulations 2019 came into force introducing a number of significant changes, including new statutory forms, new NHS forms, provision for electronic transfer of documentation, revised retention of records, new instructions on handling and dispersal of ashes, and a requirement for cremation authorities to create and maintain a Crematorium Management Plan.

6. Also on that date (4^th April 2019) the Inspector was re-appointed under the new legislation, as Inspector of Cremation, with a broader remit extending to the whole cremation process.

7. Most recently, the new post of Senior Inspector of Burial, Cremation and Funeral Directors was created with effect from 1^st October 2020.

8. Mr Swanson was appointed to the new post from that date (which replaced his previous post) on a three-year contract, expiring on 30^th September 2023.

9. On 1^st October 2023 Mr Swanson was re-appointed as Senior Inspector of Burial, Cremation and Funeral Directors on a one year contract ending on 30^th September 2024.

Inspector of Burial, Cremation and Funeral Directors

11. On 1^st December 2020, Professor Gordon Findlater, current HM Inspector of Anatomy was appointed as Inspector of Burial, Cremation and Funeral Directors on a part-time basis. This contract was for three years, expiring on 30^th September 2023.

12. At the request of Professor Findlater, the contract was extended to 31^st December 2023, the date in which Professor Findlater retired from that post.

13. Professor Findlater continues in his role as HM Inspector of Anatomy for Scotland.

Duties Performed by the Senior Inspector and Inspector

14. As mentioned above, Professor Findlater retired from the (part-time) post of Inspector of Burial, Cremation and Funeral Directors on 31^st December 2023, and to date has not been replaced.

15. However, and in light of the final draft of the Funeral Director Code of Practice having been given parliamentary approval on 31^st January 2024, giving funeral directors 12 months to become fully compliant with the Code before the intended date of the Code being issued and brought into force by the Scottish Government on 1^st March 2025, Inspectors understand that it is intended that plans will be progressed to appoint a number of Inspectors.

16. From the intended issue date onwards, funeral directors in Scotland must comply with the Code as is required by Section 97 of the Burial and Cremation (Scotland) Act 2016.

17. In tandem with the implementation of these measures, Inspectors understand that work is ongoing in respect of the creation of Inspection and Burial Regulations.

18. In preparation for the Funeral Director Code of Practice being laid in Parliament in December 2023, a number of funeral directors agreed for the Senior Inspector and Inspector to carry out a voluntary pilot inspection of their premises in order for them to assess what measures would be required to ensure total compliance with the statutory Code of Practice.

19. During October and November 2023, the Senior Inspector and Inspector carried out a total of 10 pilot inspections at funeral director premises throughout Scotland.

20. In addition the Senior Inspector and Inspector were invited and visited a number of other funeral director premises mainly around the central belt of Scotland, but also as far north as Wick and Thurso.

21. In respect of Crematoria, 29 of the 33 crematoria in Scotland have been inspected during the period of this annual report with the remaining 4 to be inspected during April 2024.

22. The main findings from the inspections confirms that there continues to be 100% recovery of ashes from all cremations.

23. All crematoria were found to be performing to a good standard and adequately staffed with a combined total of 123 staff fully qualified to carry out cremations, with a further 26 undergoing training.

24. Figures from the National Records of Scotland (NRS) show that there were 63,384 deaths recorded in 2023.

25. It is estimated that between 70% and 75% of recorded deaths in Scotland are cremated. The Cremation Society publishes yearly cremation statistics that cover all of the British Isles.

26. Of the 33 crematoria, a total of 12 have a contract or service level agreement with NHS (and/or other private healthcare provider) to carry out shared cremation of pregnancy loss.

27. All 33 crematoria carry out individual pregnancy loss cremation.

28. A total of 14 crematoria are operated by Local Authority Cremation Authorities, 1 by a regulated charity, and the remainder (18) by private operators.

29. Whilst there is provision in the Cremation (Scotland) Regulations 2019 for application forms to be retained electronically, only a few retain their records in that format, with most continuing to retain all records in hard copy.

30. As each Cremation Authority decides on its own computer system it was noted that throughout the 33 crematoria, 7 different software systems were found to be in use.

31. All systems meet the standards and legal requirements for Cremation Authorities to hold cremation registers.

32. It was noted that quite a number of crematoria had undergone refurbishment, with a number also having installed new or replacement cremators.

33. There were a total of 62 cremators in use.

34. A total of 32 of the 33 crematoria now recycle metal extracts (unless otherwise instructed by the applicant) with the one remaining currently in discussion with a recycling company.

35. In all cases the monies accrued from the recycling programme is donated to local charities or other good causes.

36. Throughout the course of the past year the Inspectors have worked closely with many of the stakeholders within the funeral industry, particularly the Federation of Burial and Cremation Authorities (FBCA), the Institute of Cemetery and Crematorium Management (ICCM), the National Association of Funeral Directors (NAFD) and the National Society of Allied and Independent Funeral Directors (SAIF).

37. The Senior Inspector delivered presentations to the Cremation & Burial Communication & Education Conference in Southampton in June 2023 and the FBCA Scottish Sub-Committee Meeting in Edinburgh in September 2023.

38. The Senior Inspector continues to contribute to the Scottish Government’s development of proposals to regulate the funeral sector under the Burial and Cremation (Scotland) Act 2016. This includes being a member of related Working Groups, contributing to the development of public consultations and to the development of policies and procedures for the future administration of an inspection regime for the funeral sector.

Enquiries / Complaints

39. The following is an anonymised summary of a selection of the various complaints and enquiries dealt with by the Inspectors during the period of this report.

40. Whilst almost all of these have been completed by the Inspectors with no further action required, it is understood that a small number may still be subject of further consideration or ongoing action by other agencies.

41. The summary provides the reader with an insight into the varied issues, enquiries and complaints dealt with by the Inspectors, and for ease of reading is broken down into the relevant sectors.

Crematoria

• Number of enquiries relating to discrepancies in size and weight of coffins for cremation.
• Enquiry regarding request to cremate uncremulated remains from an overseas cremation.
• Several enquiries regarding delayed delivery of legally required documentation relevant to death in England and cremation in Scotland.
• Several enquiries regarding documentation for pregnancy loss cremation.
• Enquiries regarding items left in coffin not suitable for cremation.
• Number of enquiries regarding exhumation of ashes
• Number of enquiries regarding discrepancies on documentation.
• Enquiry relating to the interment of ashes in a Sanctum.

Funeral Directors

• Several enquiries relating to the handling of ashes.
• Several enquiries relating to funeral plans.
• Enquiry from faith-based representatives requesting Burial Authority to extend opening hours over weekend for interment in burial ground.
• Complaint regarding unexpected charge for casket.
• Complaint regarding written communication by a funeral director.
• Complaint concerning authenticity of signed documentation.
• Complaint concerning alleged disposal of clinical waste
• Self-referral re issue with clothing worn by deceased

Burial Authorities

• Enquiry concerning discovery of cremation urns in a private cemetery.
• Several enquiries regarding exhumation procedures.
• Enquiry regarding proposed sale of Church which contains a number of coffins in the crypt dating from early eighteenth century.
• Enquiries regarding maintenance and upkeep of memorials.
• Enquiry relating to documentation in respect of ownership of lair.
• Enquiry regarding non-standard shaped coffin for burial

Other enquiries

• Several meetings at Edinburgh City Mortuary regarding dispersal of retained items.
• Family disputes – wide range of issues including late discovery of a will, mistaken belief on entitlement of Power of Attorney to be applicant, rights to take possession of ashes, requests for ashes to be split, disagreement over burial or cremation and final resting place of deceased.
• Family non acceptance of findings on MCCD (death certificate).
• Deceased in care of funeral director for prolonged period whilst family seek further post mortem.
• Queries regarding repatriation procedures.
• Several enquiries concerning hazards not disclosed on application forms.

Conclusion

42. The past year has been a particularly busy one for the Inspectors, but, as mentioned earlier, it has also been very productive with much progress in developing the proposals to regulate the funeral sector in Scotland.

43. The increase in enquiries was to be expected, given the ongoing level of contact with stakeholders during the development stage, a greater awareness and involvement by members of the public (by way of consultation), and a noted increased level of media interest.

44. Whilst National Record figures shows a slight increase in the number of registered deaths in 2023 over the previous year, this has not resulted in any notable extra demand on the sector.

45. There are currently two new Crematoria being built in Scotland, the first of which will open in Bishopbriggs later this year, with the other in East Lothian next year.

46. There are understood to be a small number of others elsewhere in Scotland at various planning stages, none of which at this time have been finalised.

47. The one issue of concern which has been raised by cremation and burial authorities, as well as funeral directors, is a noted increase in the number of bariatric coffins, and the practical difficulties being experienced in dealing with them.

48. As well as Health and Safety concerns in respect of staff handling, special equipment has been required on occasions, with graves needing to be double lair or situated at the end of a row.

49. It is generally accepted that there is a need for an improvement in the accurate recording of size and weight of coffins presented for burial or cremation, as on occasions inaccurate information can cause unnecessary delay.

50. The concerns expressed have been raised with all stakeholders.

51. It is anticipated that the coming year will see a number of significant changes to the funeral industry in Scotland, mostly notably implementation of the Funeral Director Code of Practice, the appointment of Inspectors, progression of the licensing of funeral directors, and creation of the Burial and Inspection Regulations.

52. In closing the Senior Inspector would like to record his appreciation and thanks for the assistance and co-operation afforded to him and Inspector Findlater prior to his retirement, throughout the period of this report.

Respectfully Submitted

Robert Swanson QPM

Senior Inspector of Burial, Cremation and Funeral Directors.

20^th May 2024.