Fuller Inquiry Phase 2 interim report makes far reaching recommendations for the funeral profession

SAIF has engaged with the independent inquiry into the David Fuller mortuary abuse scandal from the moment it launched in November 2021.

We had always expected the investigation to result in new rules for funeral directors in terms of care of the deceased. These expectations were proved correct this week with the publication of the Fuller Inquiry Phase 2 interim report, which makes an urgent call for robust but proportionate regulation of the deceased care journey.

At more than 60 pages long, the document outlines Inquiry Chair Sir Jonathan Michael’s findings and recommendations. And make no mistake, these will have far-reaching impacts upon the funeral profession.

Two key sections of the report are ‘What we have found’ and the recommendations, of which there are five.

Sir Jonathan found that there “is wide variation in practices and policies to safeguard the dignity and security of the deceased across the funeral sector in England”. Among large chains, while policies were standardised, practical application differed between branches.

Additionally, lone working policies were mainly “focused on ensuring the safety of staff rather than protecting the deceased”.

The report also highlighted “cases in different parts of England of funeral directors seriously compromising the security and dignity of the deceased through poor practice and/or neglect”.

“The variation in practice regarding security in the funeral sector, together with the incidence of cases of neglect we are aware of, suggests that there is a systemic failure in parts of the sector to protect the security and dignity of the deceased,” the report said.

It added that the investigation has “found little evidence of changes in practice in the sector in response to the David Fuller case”.

In terms of the five recommendations, these are as follows:

Recommendation one

The UK government should establish an independent statutory regulatory regime for funeral directors in England as a matter of urgency in order to safeguard the security and dignity of the deceased. This regime should include a licensing scheme, mandatory standards against which funeral directors should be inspected regularly, and enforcement powers. The Inquiry would expect to be informed by the government what this statutory regulatory regime will be before publication of the Inquiry’s Final Report.

Recommendation two

These regulations and standards should be considered within the overall care and journey of the deceased rather than applying in isolation to funeral directors. This will be explored further and commented on by the Inquiry in the Final Report of Phase 2.

Recommendation three

The standards should include details of mandatory information to be given to customers by funeral directors to provide transparency about the care of the deceased, including information on measures to protect their security and dignity, and what should be expected of funeral directors’ services.

Recommendation four

Direct cremation businesses should also be considered in this context, and mandatory standards to protect the security and dignity of the deceased should be applied to these businesses and to any emerging new models of delivery of care for the deceased.

Recommendation five

While the introduction of a proportionate statutory regulation and inspection regime may require significant adjustment by funeral director organisations, it is the view of the Inquiry that the benefit to customers and the need for public confidence outweigh the difficulties that may be experienced by some businesses.

SAIF’s response to date

Understanding the gravity of the David Fuller mortuary abuse scandal, SAIF responded rapidly by creating the specialist Mortuary Matters & Embalming Subcommittee. Its task was to address issues such as mortuary passports, safe working practices and security of mortuary spaces.

We also quickly identified one of the key learnings from Fuller’s crimes which, it’s important to note, occurred within a regulated setting. That is, that regimes need to be focused on at-risk areas such as mortuaries and staff permissions. The solution is to create a safeguarding culture and documented pathways.

On top of this, SAIF has led the way in developing a sensible and targeted co-regulation model, which has been discussed with the Ministry of Justice and colleague associations.

Through a combination of Government department engagement and funeral profession expertise, SAIF has designed a workable approach that is both proportionate and provides reassurance to bereaved families.

Our proposed framework will deliver legally enforceable consumer protections without saddling independent funeral directors with excessive costs.

Additionally, SAIF Scotland has collaborated extensively with the Scottish Government. In 2022, SAIF adopted and aligned its code of practice with Scotland’s statutory Funeral Director Code of Practice. We have learned much from this journey, where we played a positive role in Government consultations and the design of the official code, which becomes enforceable on 1st March 2025.

Finally, as well as robust mortuary management protocols, we hope that regulation will set minimum standards for the training of funeral service professionals.

How SAIF will support regulation that works for families and funeral directors

Over the coming months, our expert team of Government liaison officers will engage officials to ensure those creating the new regulations understand the nuances of running a funeral business.

It’s vital that legislators grasp the potential impacts upon customers in terms of price pressures and restriction of choice. Regulation that drives up the cost of funerals serves no one. Neither does regulation that forces small businesses to close – the result of which would be deceased people being transported over longer distances, making it harder for loved ones to make chapel of rest visits.

That’s why SAIF is poised to play a proactive role on behalf of bereaved people and our members. We are ready to have a grown-up conversation about regulation of care of the deceased.