Funeral directors: draft code of practice consultation

3. Background 

Overview

25. During the passage of the 2016 Act, the Scottish Parliament considered how best to introduce statutory regulation and inspection to the funeral industry.  As a result, the Scottish Parliament passed legislation which gives Scottish Ministers powers to appoint inspectors, to set out in regulations a framework for enforcement and how inspections should take place, and to publish statutory codes of practice.  The 2016 Act also gives Scottish Ministers powers to establish a licensing scheme for funeral directors.

26. In her first annual report, published in August 2018, the Inspector reported that there were many areas of common practices prevalent across Scotland.  The report also highlighted departures from good practice in relation to care of the deceased, record keeping, training and experience of staff, identity checks, authorisation and permissions.  Historically there has been no central oversight of funeral directors in Scotland, which may well have contributed to the variation of practices and standards.  By setting out standards in the code that all funeral directors must adhere to, consistent levels of good practice will be created across Scotland.

27. Increased times between the date of death and funeral service have risen steadily over the past 20 years in the UK, from under 10 days to over 3 weeks on average^[1] according to an industry commissioned publication.  Greater variety of funeral options now offer a large amount of consumer choice.  Styles of funeral have changed, with the demand and levels of personalisation in a funeral growing rapidly.  It is also the case that as society continues to change, ‘traditional’ family units and connections may no longer be the norm and funeral directors report that they increasingly witness confusion or disputes amongst families concerning who is authorised to arrange a funeral or apply for the burial or cremation.

28. These reasons, and many more, contribute to a deceased person now remaining in the funeral director’s care for a longer period of time than in the past.  This reality underscores the importance of making provision for a national code of practice that requires set standards of good practice and procedures from all funeral directors operating in Scotland.

Scope and context

29. The Scottish Government estimates that there are around 400 funeral director businesses in Scotland, of which there are approximately a total of 700 branches.  Large businesses such as Co-operative Funeralcare and Dignity Plc operate the majority of the branches across Scotland.

30. Funeral directors may be members of the NAFD or SAIF trade associations.  Some funeral directors are members of both trade associations, while others are members of neither.  Membership of trade associations is voluntary.  

31. Both the NAFD and SAIF trade associations have for many years played an important role in promoting best practice and in improving operational practice amongst their members.  The Code recognises the trade associations’ own existing codes of practice, best practice guidance and codes of conduct, and has incorporated a number of elements of these documents.

32. The Code is primarily focused upon the procedures for caring for the deceased when in the funeral director’s care.  Part of the Code also focuses on ensuring transparency of services and the associated costs, estimates, and agreed final bills for goods and services.  The Code will be statutory and funeral directors must comply with it. 

33. The recently published Scottish Government guidance on Funeral Costs sets out good practice for funeral directors and others in relation to transparency of pricing, helping clients understand costs, the provision of estimates and final bills, and making lower-cost funeral options available.  It is distinct from the Funeral Director: Code of Practice.