Public health funerals - the law
Where no other arrangements have been made, or are being made, we are able to bury or cremate the body of somebody who has died within the city.
This includes those that have died at Southend Hospital but may not have lived within the city.
If a resident of Southend has died outside of the city, that local authority will be responsible for making the arrangements.
Legislation that gives us this power
Section 46 of the Public Health (Control of Disease) Act 1984 (the Act) requires Southend-on-Sea City Council to make funeral arrangements where a person has died in this City, and where no arrangements have been, or are being made for a funeral. The requirement also includes those that have died at Southend Hospital but may not have lived within the City of Southend.
If a resident of Southend has died outside of the City, where a public health burial is required, the local authority where they died will be responsible for making the arrangements, even if they had not lived within our boundaries.
Section 46 of the Act allows us to recover all the costs incurred in making these arrangements from the estate of the deceased where there are assets available.
Examples include:
- property
- possessions