Graves could be reused due to shortage of burial space, Law Commission suggests
The proposals come as part of a public consultation to bring the laws around burial and cremation up to date.
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Old graves could be reused to help manage the shortage of burial space under proposals made by the Law Commission.
The idea came as part of a public consultation to bring the laws around burial and cremation up to date.
In a statement, the Law Commission said the proposals were in response to burial space running out across England and Wales, with the situation worse in urban areas.
Grave reuse, long seen as a solution, is currently only permitted in some burial grounds, including London local authority cemeteries and a few other cemeteries that have obtained Acts of Parliament permitting it.
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
Under the commission’s proposals, any burial ground would be permitted to reuse grounds but only after a consultation with the public and approval by the Government.
Graves can currently only be reused when the last burial was made at least 75 years ago.
As part of the consultation, the Law Commission is considering whether a new period, such as 100 years, should be used instead. Burial grounds closed by law during the Victorian period could also be reopened.
Professor Nick Hopkins, commissioner for property, family and trust law, said the proposals provided a “significant opportunity” for reform.
“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, encouraged the public to participate in the consultation.
“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,” he said.
“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.”