Change in the law could help families of missing persons

(Press-News.org) AN EXPERT on missing persons and unidentified human remains is hoping her research can help bring about a change in the law.

Work carried out by Emma Tilley, who is completing her PhD in Criminology and Policing at University of Staffordshire, is included in a Law Commission public consultation on burial and cremation.

Emma, who has starred in Locate International’s Channel 4 documentary series The Body Detectives, 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. She 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 reads: “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.”

Although burials are more costly and place pressure on space, the consultation noted that laws which allow the cremation of unidentified human remains were passed before DNA profiling and advancement of forensic science. 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.

Based on Emma’s research, which finds that DNA sampling isn’t always carried out on unidentified human remains, the Law Commission are also proposing [Consultation Question 48] 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! I have also updated my network of this, and the families of missing people I am in contact with, who are also 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 9 January 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.”

Alex Davies-Jones, Parliamentary Under-Secretary of State at the Ministry of Justice said,“The Government is supportive of the Law Commission’s work and would encourage the public to take the time to respond to this consultation paper. We await with interest the Law Commission’s recommendations, in due course, on the most appropriate framework to provide modern, consistent regulation for burial and cremation.”

 

 

 

 

 

 

 

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