Under Section 46 of the Public Health (Control of Disease) Act 1984, Folkestone & Hythe District Council is responsible for arranging funerals for individuals who have passed away within the District and have not left a valid will or have no next of kin or whose next of kin, relatives or friends cannot or will not make funeral arrangements.
The Act also states that the council may recover all costs incurred in making the funeral arrangements from the estate of the deceased. Assets recovered from a deceased person’s property may be sold to assist in the funding of the funeral arrangements.
Death outside the District
If the deceased died outside of the Folkestone & Hythe District Council boundary, the funeral arrangements will be the responsibility of the local authority where they died, even if they lived in the Folkestone & Hythe District Council area.
How it works
We cannot become involved if funeral arrangements have already been made or the funeral has already taken place. The person giving instructions to a funeral director will be responsible for any costs incurred. If you have any financial limitations, you should inform your funeral director as soon as possible. A Funeral Expenses Payment may be available from the Department for Work and Pensions if you receive certain benefits. Further information, including how to claim, can be found on the following government website: www.gov.uk/funeral-payments
If there is nobody willing or able to make the funeral arrangements, the case may be referred to the Cemeteries team.
Funeral arrangements
After a thorough investigation and if we establish there is no other alternative the council will accept the referral. If the deceased has family the nearest surviving relative will be required to sign a Next of Kin Consent Form to authorise Folkestone & Hythe District Council to make the appropriate arrangements and to disclaim all responsibility for the funeral. Once we have agreed to make the funeral arrangements the Cemeteries team will register the death and deal with the funeral director. Our contracted funeral director will provide everything necessary for a simple but dignified service, including looking after the deceased prior to the funeral, a coffin, a hearse for transporting the deceased to the crematorium or cemetery, and sufficient bearers to transfer the coffin to the chapel or graveside. The funeral service may be attended by family and friends, but they will not be able to choose where and when it takes place. The service will also be led by a Celebrant.
Cremation or Burial
A cremation service will be held at Hawkinge Crematorium, unless the Cemeteries team believes that the deceased may have chosen a burial for religious, cultural or personal reasons. If the cremated remains are not collected by the next of kin within 6 months, they will be scattered in the Garden of Remembrance at Hawkinge. Burials will be held at Hawkinge Cemetery and the service will be held at the graveside. The grave will remain owned by us and no memorials or further re-opening of the grave will be permitted.
Recovering funeral costs
Folkestone & Hythe District Council are entitled to recover, from the estate of the deceased person, the expenses incurred in arranging the Public Health Funeral. Funeral costs are the first charge on an estate and have priority over other liabilities except for secured debts. We are not responsible for managing the deceased’s estate, beyond their right to recoup funeral costs. If there is no will and the person who dies has no surviving next of kin, the estate will pass to the crown and a referral will be made to the Bona Vacantia Division of the Government Legal Department.