Exhumation is the removal of human remains from their place of
interment. The need to exhume is not a common occurrence and is
only allowed in exceptional cases. However, when exhumation is
required it must be done with the greatest dignity and respect and
with all of the necessary legal licences obtained and documentation
duly completed.
Reasons why exhumations are required
There are a number of reasons why exhumation may be required.
Recent exhumations from the City of London Cemetery have been for
the purpose of repatriation overseas, or where it has been
discovered after the burial that the deceased wanted to be
cremated.
Licences to exhume
It is an offence to disturb human remains (including cremated
remains) without first obtaining the correct lawful
permissions.
The lawful permissions to exhume are:
A Licence to Exhume issued by the Ministry of Justice
Ministry of Justice
2nd Floor, 102 Petty France
London
SW1H 9AJ
T 020 3334 6390
F 020 3334 2233
An Ecclesiastical Faculty
Diocesan Registry
1 The Sanctuary
London
SW1P 3JT
T 020 7222 5381 (10am to 4pm on normal working days)
F 020 7222 7502
Faculty
Office website
Which licence to use depends on the location of the grave, ie
whether it is located in a consecrated or non-consecrated area of
the cemetery. Under certain circumstances both of the above
licences will be required before an exhumation can take place.
How to arrange an exhumation
The first step is to contact us and we will advise what legal
documentation is required and what permissions need to be
obtained.
Application must normally be made by the next of kin of the
deceased, or with the written authority of the next of kin attached
to the application. The registered owner of the grave if not the
next of kin must also give written permission for the exhumation to
take place. If there is more than one registered grave owner then
all owners must give written permission.
Once all legal documentation has been obtained, permissions
given by the grave owners, and the fee paid (an exhumation fee is
provided on application), a time and date will be set by us in
liaison with the appointed funeral director.
Use of a Funeral Director
Regardless as to what reason the exhumation is for, ie
repatriation, reburial in a different grave (in the same cemetery
or elsewhere) or for cremation, there is a need for a Funeral
Director to be involved. The exhumation is carried out by City of
London Cemetery staff, once exhumed the coffin / casket becomes the
responsibility of the Funeral Director. The Funeral Director is
required to be in attendance with a new coffin of sufficient size
to accommodate the original coffin removed from the grave. The body
is not removed from the original coffin. The coffin and its
contents are lifted out of the grave and placed straight into the
new ‘shell’ coffin in readiness for transportation to the final
place of rest.
The above procedure will not of course be required when the
exhumation is that of cremated remains.
The day of exhumation
Exhumations take place early in the morning before the cemetery
is open. This is for the sake of decency and also health and
safety.
An environmental health officer for the area (London Borough of
Newham) may choose to witness the exhumation. Should this
Environmental Health Officer decide that the removal of the coffin
/ casket will create a health hazard he / she may stop the
exhumation.
Exhumation may be witnessed by a personal representative
appointed by the next of kin / applicant.