A University of Staffordshire research student has seen her work included in a Law Commission public consultation on burial and cremation which could bring about a change in the law.
Emma Tilley, who is completing her PhD in Criminology and Policing, has been critically reviewing the cross-matching of unidentified human remains and missing persons reports in England and Wales.
She has identified that there are currently around 800 unsolved cases involving unidentified bodies or body parts.
Emma, who has appeared in Channel 4 documentary series The Body Detectives, has also revealed that while 27 per cent of local authorities typically bury the bodies or remains of unidentified people, around a third are likely to cremate them as part of their duties under the Public Health Act 1984.
The consultation document notes that laws which allow the cremation of unidentified human remains were passed before DNA profiling. It also makes the point that a rule which insists that unidentified remains must be buried would err on the side of caution in terms of respecting religious rights.
It states: “Tilley notes the immense impact on families of a missing person, as they fluctuate between hope and hopelessness in a state of ‘ambiguous loss’. In her view, there would be substantial benefits to requiring burial rather than cremation for unidentified bodies and partial remains, where practicable.
“Such a rule would allow for exhumations to confirm the identity of the unidentified deceased person. It would also enable family members whose identity was established at a later date to make decisions about the body of their relative.”
Based on Emma’s research, which found that DNA sampling isn’t always carried out on unidentified human remains, the Law Commission is also proposing that before any burial, a DNA sample should be taken for storage on the national central database held by the UK Missing Person’s Unit.
Emma said: “It feels surreal to have the opportunity to potentially use my PhD findings to change law. It is more than I could have ever imagined. The families of missing people I am in contact with unanimously support this proposed change in law.”
Under the consultation proposals, old graves could be reused and closed burial grounds could be reopened to help manage the shortage of burial space. The consultation addresses a wide range of other issues including uncollected ashes, siting of crematoria and burials on private land.
The Law Commission is inviting views from the public, experts and those involved in the death care sector before January 9, 2025. They will be making final recommendations to Government at the end of 2025.
Professor Nick Hopkins, Commissioner for Property, Family and Trust Law, said: “Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations. This must be done sensitively and with wider public support, which is why we want to hear from those with a view.”
