Answers to test your knowledge

Question 1

Answer: A Yes - there is no legal prohibition to cremating two people in the same coffin, as long as this is at the request of the applicant for the cremation. Both the ICCM Guiding Principles for Burial and Cremation and the FBCA Code of Cremation Practice highlight the importance of treating people individually. The ICCM Guiding Principles however states: A number of cremations have taken place where two related deceased persons were within the same coffin. Whilst such requests are rare they are not unlawful…. The same applies to both burial and cremation.

The FBCA Code of Practice states: Each deceased person given to the care of the Cremation Authority shall be cremated separately. Exceptions may be made for instance in the case of mother and baby or twin children providing that the next of kin has made a specific request in this regard.

If the applicant requests it, and the coffin containing more than one person can be accommodated in the cremator, there is no good reason to refuse such a request.

Question 2

Answer: A Yes – although it is not recommended as it may be difficult to fully recover the ashes at the end of the cremation. It is better to combine sets of ashes following the cremation, if this is what the family desire.

Question 3

Answer: A Yes – Coffins aren’t a legal requirement for cremation - a deceased person can be cremated in suitable shroud.

Question 4

Answer: A Yes - providing the medical referee has made any necessary enquiries and is satisfied with any explanation, and has authorised the cremation.

Question 5

Answer: A Yes – as long as the authority has a signed Form 1 from the applicant and the Medical Referee has authorised the cremation, the applicant does not have to physically attend the funeral.

Question 6

Answer: B No – it is not a legal requirement but one of best practice

Question 7

Answer: A Yes - providing you have written authority from the applicant. It is good practice to ask for identification from the person collecting the ashes to ensure that it is the person nominated by the applicant who collects them.

In addition, The Cremation (England and Wales) (Amendment) Regulations 2017 states: In exceptional circumstances the cremation authority may at their discretion release the ashes to someone other than the applicant or the applicant’s nominee. The Ministry of Justice Guidance to Crematorium Managers states:

There may be times when you are contacted by a person who is neither the applicant nor their agent with a request that the ashes be returned or disposed of in ways that are contrary to the instructions of the applicant. You should only consider returning or disposing of the ashes other than as instructed by the applicant in exceptional circumstances such as where the applicant was responsible for the death of the person who was cremated or in the case of the cremation of a child where the applicant had abused the child or their parent(s). Where the applicant for cremation died before giving any instructions on what should happen to the ashes you may consider taking instructions from the applicant’s executor or the administrator of their estate.

It is not expected that the option to exercise this discretion will arise very often since a case in which there are exceptional circumstances will be very rare. We would recommend crematoria take legal advice before acting in a way that is contrary to the instructions of the applicant.

Question 8

Answer: The twin that died at 22 weeks but was delivered at 31 weeks is classed as a stillborn – its status is defined at the time of actual delivery not estimated time of death in the womb.

The definition of “stillborn child” in England and Wales is contained in the Births and Deaths Registration Act 1953 section 41as amended by the Stillbirth (Definition) Act 1992 section 1(1) and is as follows: “a child which has issued forth from its mother after the 24th week of pregnancy and which did not at any time breathe or show any other signs of life”

For the other twin, the death should be registered as normal as the baby lived for 2 hours.

Question 9

Answer: A Yes - providing the correct forms are obtained.

Question 10

Answer: B No - the permit to cremate only allows you to cremate human remains.