Burial authorities, cremation authorities, and funeral directors - statutory inspection regime: consultation analysis

4. The 2023 Consultation on Statutory Inspection of the Funeral Sector

4.1 Need for second consultation on statutory inspection of the funeral sector

Views and feedback from respondents to the 2017 inspection consultation have

been vital in shaping the proposals for the inspection regime. The current, 2023 consultation builds on the 2017 consultation by seeking views on more detailed proposals for the inspection regulations. This reflects the further development of the proposals since 2017. This further development was facilitated by exercises including but not limited to further engagement with the funeral sector and learning obtained through the process of developing the Funeral Director Code of Practice.

4.2 Proposed inspection regime

An overview of the Scottish Government’s proposed inspection regime is set out in the 2023 consultation paper. Overall, the regulatory framework to which the inspection regulations will contribute are intended to regulate the industry in its care and handling of the deceased.

The 2023 consultation sought public responses to the proposals for the inspection regime. To enable operation of any inspection regime, the regulations to be developed following this consultation analysis will set out details about how the inspection regime is intended to work. They will provide a framework, in particular, for inspection, investigations, enforcement and appeals.

In preparation for developing an inspection regime, officials convened an Inspection Regulations Working Group with members from the industry, public sector and third sector. The Working Group met three times during 2018 and 2019, bringing together a range of stakeholders to discuss and shape views on the proposals contained within this consultation.

4.3 The 2023 consultation

As has been noted, the “Burial authorities, cremation authorities, and funeral directors: a statutory inspection regime for Scotland” consultation ran online between 25 August and 17 November 2023. The consultation document remains available on the Scottish Government website.

The 2023 consultation was split into sections with specific questions on proposals for:

• Types of Inspections (including ad-hoc or unannounced inspections)
• Frequency of Routine Inspections of Burial Authorities, Cremation Authorities and Funeral Director Businesses
• Routine Inspections of Funeral Directors: Number of premises inspected
• Equipment and Items Which May be Inspected
• Interviews of staff members and clients
• Seizure, Detention or Removal of Equipment
• Inspection Reports
• Enforcement Notices
• Suspension Notices for burial authorities and cremation authorities
• Reviews and Appeals
• Complaints
• Additional Comments

The consultation consisted of 32 total consultation questions. Eight (8) of these consultation questions were closed survey-style questions requiring a fixed response selected from a list of options. The remainder were open questions either inviting further explanation of preceding choices in fixed response questions or inviting broader comments on the proposals.

4.4 Profile of respondents

The proposed inspection regulations will have direct implications for funeral directors, burial authorities and cremation authorities. Therefore, the Scottish Government was keen to gather a wide variety of views, including from funeral directors, local authorities, private burial or cremation authorities, funeral industry trade body representatives and any other groups or individuals with a working knowledge of, or interest in funeral directing, burial, cremation or the wider funeral industry. The Scottish Government also wanted to hear from members of the public. Responses were received from all groups.

Most responses (n=27) were received though the consultation hub (“Citizen Space”) on the Scottish Government website, and a further five were received by email. A small number of responses were accepted after the official closing date, on request.

Of the 32 respondents, 72% (n=23) were submitted on behalf of an organisation, and 28% (n=9) were from individuals. Of those who identified as ‘individuals’, when asked if they worked in a sector related to the funeral sector, 56% (n=5) said they worked in related professions. Organisation respondents were asked to identify which organisation they were responding on behalf of and categorise the sector areas to which this organisation belongs.^[1] Table 1 provides further detail on the number of respondents in each subcategory. Responses were received from those representing funeral directing organisations, burial and cremation authorities, local government, relevant trade bodies, faith organisations, health bodies, third sector organisations. Responses from individuals included both those working within and outside the funeral sector.

4.5 Analysis methodology and reporting

This report presents both quantitative and qualitative findings. Quantitative data were obtained from closed survey-style questions where respondents could select from predetermined choices (e.g. ‘yes/no’, ‘agree/disagree’). These data are presented in tables and charts to show the number of respondents selecting each possible answer.

Qualitative data were gathered from comments that respondents gave in response to open questions (where respondents were given free text boxes in which to respond). Unlike quantitative data, qualitative data allows for insights and understanding to be gained by looking at the detail of respondents’ answers, and is presented in this report as descriptive text and verbatim quotes from respondents.

Data Entry

Data from responses received by email were entered manually onto the Citizen Space Consultation Hub and, as per best practice, the accuracy of a sample of the data entry checked by a second analyst. All responses were downloaded from the Consultation Hub into a Microsoft Excel Spreadsheet. Data were analysed on a question by question basis except where questions linked to each other, for example when respondents were asked to give reasons for a selection in a previous question.

Data Analysis and Reporting

An analysis of responses to the consultation’s closed questions was conducted. The number of respondents answering each question is reported. The frequency of responses, and distribution of these responses based on respondent employment/organisation type, are reported in tables and stacked bar charts. Where percentages are given these are rounded to the nearest whole number, and represent a percentage of the total respondents answering the specific question, rather than the total number of respondents taking part in the consultation.

Data from the open-ended consultation responses are reported descriptively, and supported by direct, anonymised quotations from respondents (where permission was given for responses to be published). Qualitative analysis does not normally quantify results, since useful insights might come from a minority of respondents. However, to assist the reader in interpreting the report, where appropriate some quantitative figures are given or descriptions like ‘majority’ or ‘minority’ used. For example, where a clear majority or minority of respondents have answered in a similar way, some references are made to this in the description of the response data to give a sense of the weight of response. However precise frequencies or percentages are mostly avoided when reporting the qualitative data due to the subjective nature of analysing these responses.

Findings are reported in the same order and groupings in which they were presented within the consultation. They are discussed in this report in the following sections:

5.1 Types of Inspections: Question 1

5.2 Frequency of Routine Inspections of Burial Authorities, Cremation Authorities and Funeral Director Businesses: Questions 2-9

5.3 Routine Inspections of Funeral Directors: Number of premises inspected: Questions 10-12

5.4 Equipment and Items Which May be Inspected: Question 13

5.5 Interviews of staff members and clients: Question 14

5.6 Seizure, Detention or Removal of Equipment: Questions 15-17

5.7 Inspection Reports: Questions 19 and 20

5.8 Enforcement Notices : Questions 21-23

5.9 Suspension Notices for burial authorities and cremation authorities: Questions 24-28

5.10 Reviews and Appeals: Questions 29 and 30

5.11 Complaints: Question 31

5.12 Any other comments: Question 32