Due to the number of such requests, the Council will now make available a list of public health funerals and all cases it refers to the Treasury Solicitor, which will be updated as information is received

By publishing this data the Council has fulfilled its obligations under section 21 (publish information) and section 22 (future planning publication) of the FOI Act. Therefore we will refuse all such requests and refer applicants to this web page.

This will ensure that all organisations working to establish next of kin will have access to the same information at the same time.

The Public Health Act 1984

Under the Public Health (Control of Diseases) Act 1984 where no suitable funeral arrangements have been made, or are being made, for a deceased person who has died in the District of Rother, public bodies have a duty to arrange the funeral. This will be a basic funeral to minimise the cost to the local taxpayer. 

The Council will not part fund a funeral. If funeral arrangements have already been made, such as instructions to a funeral director, the council will not be responsible for any costs incurred.

Reclaiming the Costs

Under the Act the funeral costs are the first expenses claimed on any estate.  The Council is entitled to collect any and all sums of money due to or belonging to the deceased and to sell any belongings of the deceased in order to help offset the costs of the funeral and expenses.

If, after we have deducted the funeral and associated costs;

• the remaining estate is over £500
• there are no other bills outstanding
• no known next of kin

the Council refers the remaining estate to the Treasury Solicitor in accordance with their guidelines for referring ‘Bona Vacantia’ estates.

In accordance with the Freedom of Information Act 2000 names and addresses have been redacted or withheld under the following exemptions:

Section 21 – Information accessible to applicant by other means

Rother District Council holds some of the information requested, and some details of those persons who have died have been passed onto the Treasury Solicitors’ Department.

Section 31 (1) (a) – law enforcement (protection and detection of crime)

“(1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice – 

(a) the prevention or detection of crime…”

Rother District Council will not disclose address details into the public domain where they relate to deceased’s property, as the property is likely to be unoccupied and might still contain the deceased’s personal papers and effects. The Council does not believe it to be in the public interest to disclose information relating to empty properties prior to a full and thorough securing of the assets of the estate as undertaken by Treasury Solicitors. Additionally, giving out the names of the deceased taken with other information easily available i.e. the electoral roll, telephone directory entry, 192.com etc, would make identifying properties fairly easy.