Proposals for regulation of the funeral sector are to be developed in the wake of the Legacy Independent Funeral Directors scandal in Hull. 

Robert Bush was sentenced to 20 years in prison for a total of 67 charges, including the prevention of a lawful and decent burial, fraud, fraudulent trading and theft, in a case described by health and social care secretary Yvette Cooper as “utterly abhorrent”.

The Department for Health and Social Care has announced it will move to crack down on rogue operators in the funeral sector, alongside other government departments including the Ministry of Justice and the Law Commission.

The Legacy Independent Funeral Directors case was one of the largest ever undertaken by Humberside Police and involved multiple agencies including Hull City Council, East Riding of Yorkshire Council, the Coroner, the Crown Prosecution Service, Humberside Police and Crime Commissioner, bereavement services, the National Crime Agency, Victim Support and specialist resources and forensic accountants. Over 300 victims were identified, but many more are believed to have been affected.

The proposals will include formal regulation of the funeral sector, drawn up in discussion with established operators, faith groups, families and other stakeholders. As part of this work, the Law Commission will undertake a review of the criminal law in relation to the deceased, consider any gaps in existing legal protections and make recommendations on the creation of new offences, if they are needed.

Cooper said: “In the wake of this horrific case, we will now bring forward comprehensive proposals to ensure respect and dignity for the deceased in every setting, including proper regulation of the funeral sector. We are determined to drive rogue operators out of this industry, and protect other families from suffering this same heartache.

“Every person in every situation deserves dignity in death, and every bereaved family deserves certainty that their loved ones are being treated with care and respect.”

Andrew Judd, chief executive officer, National Association of Funeral Directors, said: “We welcome the government’s commitment to raising standards and oversight across the whole funeral sector and look forward to working with government to ensure that every single deceased person and their bereaved families are treated with the respect and dignity that they deserve.

“We will work with Government and industry during the engagement to secure meaningful change for all bereaved families as soon as possible. We believe that statutory regulation can best achieve this aim and will continue to make that case during this process.”

Paul Allcock, government liaison at the National Society of Allied and Independent Funeral Directors (SAIF), said: “SAIF welcomes the DHSC’s commitment to engaging with the funeral profession on regulation. Any framework must protect the deceased and their families as a priority, but must also uphold standards and recognise small and medium-sized independent funeral businesses. It should be proportionate, preserve family choice and maintain a diverse market.

“We’re committed to supporting the engagement and cross-government work. SAIF members currently follow the UK Funeral Director Code and undergo inspections of premises, mortuary facilities and administrative processes. Families also have access to an independent complaints and redress process, delivered by an externally audited alternative dispute resolution body certified by the Chartered Trading Standards Institute, providing an added safeguard.

“We’ll continue working closely with the DHSC and MOJ to shape regulation that protects the deceased, their families and supports a sustainable funeral profession.”

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