Funeral Directors: Regulation

Zubir Ahmed Excerpts

Monday 9th March 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Health and Social Care (Dr Zubir Ahmed)]

I am grateful to the hon. Member for Gosport (Dame Caroline Dinenage) for securing this important debate and for her continued advocacy on behalf of her constituents. As the hon. Member for North Dorset (Simon Hoare) highlighted, I was here at this Dispatch Box not so long ago responding to him on the same topic.

We all recognise the profound importance of ensuring dignity, safety and high quality standards of care for people during life and after they die. Bereaved families place immense trust in funeral directors to guide and support us through one of the most difficult and distressing times of our lives and to ensure that our loved ones are laid to rest with the utmost respect. They rightly expect that high standards, professional conduct and appropriate oversight are firmly in place. However, these deeply troubling cases, including the appalling events in the constituencies of the hon. Member for Gosport and of my hon. Friend the Member for Leeds South West and Morley (Mark Sewards), demonstrate that his trust cannot always be assumed.

Although these cases are rare, they have revealed serious weaknesses in our system, as the hon. Member for Gosport has adumbrated this evening. Unacceptable and distressing incidents, such as bodies being stored or treated in ways that cause deep anguish, were able to occur. In some instances, the police lacked the powers they needed to act. In the case of Elkin and Bell, the two funeral directors in the hon. Lady’s constituency, charges included intentionally or recklessly causing a public nuisance, the common law offence of preventing the lawful and decent burial of a body, and carrying on a business with intent to defraud creditors or another fraudulent purpose.

The Ministry of Justice is actively exploring options to strengthen criminal law protections for the deceased, including the potential for new offences as outlined in the Law Commission’s 14th programme of work. This work will identify gaps in the current law and whether new offences are needed to address behaviours that fail to treat a deceased person with dignity and respect. I am pleased to say that we have already taken steps to strengthen and improve standards to safeguard the security and dignity of the deceased.

My Department is responsible for co-ordinating the Government’s response to phase 2 of the Fuller inquiry. In December 2025, the Government published our interim update, outlining the progress made against the 75 recommendations. Of those, 11 have been accepted in full, 43 are accepted in principle and 21 remain under consideration. The 11 recommendations accepted in full cover standards, data and operating procedures in the wider health sector. Highlights include the Human Tissue Authority’s publication of updated guidance on 1 December to ensure that adverse incidents in the anatomy sector are recorded, and NHS England’s agreement to introduce data collection on conveying deceased patients in ambulances for the first time in 2026-27.

Since I was last here at the Dispatch Box responding to the hon. Member for North Dorset, the Human Tissue Authority has also issued universal and generic best practice guidance for those responsible for the care and dignity of the deceased, including organisations not formally regulated by the HTA. That point is particularly pertinent in relation to the hon. Member for Gosport’s comments about the increasing number of direct cremations. In addition, the HTA has begun reviewing its codes of practice. That process will continue into 2026-27. The review may lead to changes to the current guidance in light of the Fuller inquiry recommendations, and it will help us to consider whether the codes could be applied and used by other settings.

Before turning to the discussion about the options to strengthen and improve standards to safeguard the security and dignity of the deceased, I want to remind the House how we got here. Following the unspeakable crimes committed by David Fuller, the last Government established an independent inquiry, sponsored by the Department of Health and Social Care, to investigate how a member of staff was able to carry out such unlawful and abhorrent acts in hospital mortuaries, and how those actions went unnoticed. I must make it clear that crimes such as David Fuller’s are extremely rare. However, that will come as little consolation to the families involved. At this point I extend my deepest sympathies to those families, who continue to bear the weight of suffering, and for whom it must be particularly triggering when debates such as this are held in the Chamber.

Phase 1 of the inquiry focused on the crimes that Fuller committed in the mortuaries at Maidstone and Tunbridge Wells NHS trust. The phase 1 report, published in November 2023, identified failures of management, governance and regulation, as well as a lack of curiosity, which enabled Fuller to continue his repeat offending. It set out 16 recommendations for the trust and one for local councils. In February 2024, the trust published an assurance statement on the implementation of the recommendations from the report. Kent and East Sussex county councils reviewed the position and confirmed that their contracts with the trust required compliance with licensing and regulatory standards to ensure that the deceased were treated with dignity and respect.

On 15 July 2025, the inquiry panel published its final phase 2 report, which dealt with the care of the deceased in both hospital and non-hospital settings. It acknowledged that arrangements for the care of deceased people are complex and often interconnected. It clearly identified multiple organisations, with different governance and operating models, spread across a large number of sectors. It focused on whether procedures and practices in hospital and non-hospital settings, including the funeral sector, were doing enough to safeguard the security of the deceased, and it considered the role of regulators.

The overall recommendation of the inquiry’s chair, Sir Jonathan Michael, was for the Government to introduce an independent statutory regulatory regime to protect the security and dignity of people after death in all settings where deceased individuals are cared for, regardless of the institution, including funeral directors. Eleven of the phase 2 recommendations relate to the introduction of statutory regulation, including regulation of the funeral sector. They remain under consideration. Through the Fuller inquiry recommendations programme board, established in July last year, work continues apace with the Ministry of Justice, the Department for Business and Trade and the Ministry of Housing, Communities and Local Government to assess options for Government intervention to improve standards of care for the deceased in the funeral sector, and, as such, to respond to the recommendations.

[Mark Sewards]

Can the Minister tell me whether any meeting has taken place between those Departments, or whether one is going to take place, and if so, when?

[Dr Ahmed]

The hon. Gentleman is clearly reading my speech. I can assure him that meetings had taken place before my appointment as the Minister responsible for the aspects of the regulations relating to the Department of Health and Social Care. I can also confirm that further meetings are taking place, at my instruction, with the relevant Departments—hosted by me in the Department of Health and Social Care—so that we can genuinely move forward. I know that there is consensus across the House that we must move forward, genuinely and expediently, not only in aligning lines of demarcation and responsibility across those Departments, but in genuinely working together and showing leadership on this issue. I shall be happy to keep the hon. Members who are interested updated on those meetings when they take place.

This is a complex and sensitive matter that requires careful and thoughtful consideration to safeguard the rights and dignity of those who have died, to support their bereaved families, and to ensure that any measures taken are proportionate, given that we are working with a number of small and medium-sized enterprises. To support this work, I am continuing to discuss progress and next steps with relevant Ministers across Government, as I said in response to the intervention from my hon. Friend the Member for Leeds South West and Morley (Mark Sewards). The Government are continuing to consider all options to ensure that high standards are upheld consistently across the funeral sector, and that includes the possibility of introducing suitable and proportionate regulation for funeral directors.

As we discuss these options, we are clear about the need for the approach to maintain high standards, protect the dignity of the deceased and support bereaved families, recognising that any additional costs arising from regulation will ultimately fall on them. At the same time, we must consider the impact on the funeral sector itself.

The funeral sector comprises 6,500 private businesses across the UK, the vast majority of which serve their communities with compassion and integrity, as we have heard tonight. Some 85% are already members of trade bodies that provide guidance, codes of practice and voluntary inspection schemes. The Government are committed to reducing the administrative burdens of regulation on businesses by 25%, and that will contribute to our approach to regulation in this area.

[Simon Hoare]

Is the Minister, and other Ministers who are involved in this area, fully seized of the fact that this is a very unusual situation, in that the professional bodies and the lion’s share of practitioners are calling for regulation? It is very unusual that they want to see regulation.

[Dr Ahmed]

I am very cognisant of that fact. We will discuss in our interministerial meetings how we can involve the profession early in that regard.

While the vast majority of funeral directors already operate with professionalism, the actions of a small minority have undermined public confidence. We are determined to ensure the security, dignity and care of the deceased across all settings. That is why we are committed to setting out the Government’s decision on regulation in our full response to the Fuller inquiry phase 2 report in summer 2026.

Question put and agreed to.