Reuse of graves in the UK: sacrilegious or pragmatic?

The UK is experiencing a shortage of burial space, particularly in urban areas. The Law Commission has proposed changes to the law to allow the reuse of graves to address this issue. 

What are the proposed changes? 

  • Allow any burial ground to reuse graves (with public consultation and government approval)

  • Only reuse graves where the last burial was at least 75 years ago

  • Allow a 25-year delay to reuse if the deceased's family objects

  • Reopen graveyards that were declared full during the Victorian era

What does the re-use of graves actually entail?

Reuse of graves involves the exhumation of remains in an existing grave, digging the grave to a greater depth, re-interring the remains (in a fresh coffin, if necessary), and using the rest of the grave for fresh burials; effectively, a coffin pile.

Why are changes needed?

  • The law around burial and cremation dates from the 1850s and requires review

  • Burial sites have limited longevity, with many reaching, or have already reached, full capacity

How would the changes be implemented?

  • Burial ground operators would need to apply to the government for permission to reuse graves 

  • The government would need to approve the burial ground operator's plans 

  • The operator would need to provide notice before reusing graves

The history of burial grounds and reuse in the UK

According to current legislation, it is illegal to disturb a grave. However, reuse of graves in England is not a new idea.

 

In Catholic Medieval England, people were often buried in only a shroud, without a coffin, and were left to decompose until only the bones remained. They may then have been reopened and interred in a charnel house (a bone storage facility).

The creative reuse of bones can been seen across the world, for example, the Capuchin Crypts in Rome and Palermo.

However, after the English Reformation, permanent burial and coffins were in vogue, and burial grounds, mostly within city walls, began to fill up. By the 1850s, these burial grounds were in a poor state, particularly in London, where the dense population was forced to live alongside the foul stench of poorly maintained graveyards and the disease that often accompanied decomposition of bodies. Graves were also at the mercy of body snatchers, who would exhume and steal bodies to sell to medical science, and grave robbers, who would steal any valuables buried with the deceased.

The cholera epidemic of 1848 that killed around 60,000 people in the UK finally forced the government to take action.

The Burial Grounds Acts was passed in the early 1850s prohibiting burials within city limits. This led to the establishing of cemeteries; spaces designed for the burial of the dead in sanitary conditions that were pleasant for the living to visit. A peaceful Sunday afternoon could be spent at one of the new and beautiful cemeteries in London, such as Brompton, visiting the dead, but also appreciating the vitality and life of nature around them.

Modern perspectives on the reuse of graves

The treatment of the dead is often a sensitive issue for many, and the new proposals have been met with mixed responses. For some, particularly those of faith, the disturbing of human remains is sacrilegious and should be prohibited. For others, it could be a pragmatic way to resolve an issue that will have to be dealt with.

The Law Commission will use the responses to the consultation to develop their final recommendations for reform, which ultimately will be published in a report expected to be published towards the end of 2025.

Do you think the reuse of graves is the right way to solve this issue? Let us know in the comments!

Anna McGrail

Anna has an Ancient History BA (Hons) from Cardiff University and Ancient History MA from Leiden University.

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