NALC welcomes progress on burial law reform following Law Commission report
We have welcomed the publication of the Burial and Cremation Final Report by the Law Commission, highlighting clear progress on several of the sector's long-standing priorities.
We have consistently called for the modernisation of burial legislation, and it is encouraging to see key elements of our response reflected in the commission's final recommendations. For many years, we have argued that the current legal framework is outdated, complex and increasingly unfit for purpose, particularly for parish and town councils managing burial grounds under growing pressure on space and resources.
One of the most significant areas of progress is the recognition of the need to reform the grave re-use legislation. We strongly supported proposals to enable the re-use of burial space, and the report reinforces the case for a clearer, more workable system. It aligns with our position that local authorities must be equipped with the powers needed to manage burial capacity sustainably, while maintaining appropriate safeguards and respect for the deceased.
The report also reflects our call for a more flexible and enabling legislative framework. In particular, there is movement towards simplifying and updating the patchwork of laws governing cemeteries and burial practices. It is a critical step forward, as parish and town councils continue to operate within legal structures that have not kept pace with modern demands or expectations.
Importantly, the commission acknowledges the operational challenges faced by burial authorities, including parish and town councils. We have long advocated for reforms that would provide parish and town councils with clearer powers and responsibilities, and it is positive to see this reflected in the broader direction of travel set out in the report.
While not all of our proposals have been adopted in full, there are clear signs that our core messages have influenced the debate. In particular, the emphasis on modernisation, simplification, and the practical realities of cemetery management demonstrates a growing alignment between policymakers and the sector.
The issues on burials were raised by our Smaller Councils Committee, which has consistently highlighted the practical challenges faced by smaller parish and town councils managing burial grounds. There remains more to be done. We will continue to press for further reforms, including greater clarity around the powers available to parish and town councils in managing burial grounds, and more flexibility to work in partnership with other bodies, such as churches, to ensure the long-term sustainability of burial provision.
The report marks an important milestone in the journey towards reform. We look forward to working with government and sector partners to ensure that the recommendations are translated into meaningful legislative change that supports parish and town councils and the communities they serve.
