Regulation of the funeral industry

Warning: This briefing refers to the mistreatment of human remains, which some readers may find distressing.

Regulation in England and Wales and Northern Ireland

There is no bespoke regulatory regime for funeral directors in England and Wales and Northern Ireland, although funeral directors providing pre-paid funeral plans are subject to regulation by the Financial Conduct Authority.

Industry bodies - the National Association of Funeral Directors (NAFD) and the National Society of Allied and Independent Funeral Directors (SAIF) - set and monitor best practice and quality standards for funeral directors, but membership of these organisations is voluntary. Codes of practice issued by the NAFD and SAIF for their members do not have statutory force.

The funeral sector more broadly is subject to other statutory and regulatory frameworks, including those governing health and safety, competition, and consumer law.

Calls for regulation in England and Wales

In 2020, the Competition and Markets Authority (CMA) recommended the establishment of an inspection and registration body to monitor standards of transportation and care of the deceased provided by funeral directors, as well as measures to increase price transparency for the purchase of funerals.

There were calls for regulation in 2024 after an investigation by Humberside Police into Legacy Independent Funeral Directors in Hull, East Yorkshire, resulted in funeral director, Robert Bush, being charged with 64 offences – including 30 counts of preventing a lawful and decent burial.

Both the interim and final phase 2 reports of the independent inquiry into the issues raised by the David Fuller case (published in 2024 and 2025) recommended that the UK government should establish an independent statutory regulatory scheme for funeral directors in England “as a matter of urgency”. The inquiry concluded that the funeral sector was, in effect, “an unregulated free for all”.

Government stance on regulation in England and Wales

In response to the CMA recommendation for an inspection and registration body to oversee certain aspects of funeral care, the Conservative government said wholesale regulation might not be effective or proportionate and that a self-regulatory approach was more appropriate.

However, prior to the general election in July 2024, the Conservative government had intended to make a call for evidence on regulation of the funeral industry in response to events in Hull, ahead of developing and consulting on proposals for regulation.

Following the general election, the Labour government said in late 2024 and early 2025 it was considering the possibility of “some form” of regulation, but that any measures would need to be “proportionate”. In autumn 2025, the government said it was committed to getting funeral regulation right and that work on the matter was being undertaken on a cross-departmental basis.

Statutory scheme in Scotland

In Scotland, a statutory framework is now in place to regulate the provision of funeral services.

An investigation into practices around infant cremation in the jurisdiction led to concerns being expressed about the lack of regulation of the funeral industry. A report published in June 2014 by the independent Infant Cremation Commission made a number of recommendations, including the appointment of an inspector to monitor working practices and standards in the funeral sector. A further investigation into infant cremation practices by the National Cremation Investigation led to the recommendation in 2016 that the funeral directing industry should be subject to regulation.

In March 2016, the Scottish Parliament passed the Burial and Cremation (Scotland) Act 2016, which created a modernised legislative framework for burial and cremation. The act provides for an inspection regime for funeral premises, a code of practice for funeral directors and a funeral director licensing scheme. There are also provisions for the inspection and regulation of burial and cremation authorities.

The Scottish Government consulted on policy proposals for inspection regulations for burial authorities, cremation authorities and funeral director businesses in 2017 and 2023, with responses indicating almost unanimous support for inspections. Regulations providing for powers of inspection and enforcement measures were approved by the Scottish Parliament on 8 January 2025 and came into force on 1 March 2025.

In 2019, the creation of a code of practice to set minimum standards for the funeral industry was also the subject of consultation. The Scottish Parliament approved a draft code in January 2024. The code came into force on 1 March 2025.

A searchable online Funeral Sector Register, designed to provide a record of all entities active in the industry, went live on 1 April 2025.

Work on a licensing scheme for Scottish funeral directors remains ongoing.