Horrific landmark case requires immediate legislation and regulation to prevent further distress to grieving families
PCC Donna Jones and Member of Parliament for Gosport, Dame Caroline Dinenage have pledged to take urgent action to ensure the horrifying treatment of bodies at Elkin and Bell funeral directors in Gosport can never be repeated.
Richard Elkin and Hayley Bell were both given 4-year custodial sentences at Portsmouth Crown Court.
The sentences came after a Jury found both Elkin and Bell guilty of prevention of a lawful burial, fraud, and public nuisance offences.
Officers investigating the case had to rely on common law charges because there currently isn’t any legislation to prosecute the crimes Elkin and Bell committed.
The case also unearthed the absence of a regulatory framework for funeral directors. No oversight body exists to ensure the loved ones of grieving families are treated with dignity and respect after death.
Police and Crime Commissioner Donna Jones said: “Elkin and Bell betrayed their community, and nothing was in place to stop them. While the sentences handed down today may provide some comfort for families, it will never be enough.
“This police investigation is a landmark case. Detectives discovered a judicial black hole.
“New legislation is essential. We must introduce a law which accurately reflects the mistreatment of a body after death, and the government must act fast to introduce a robust regularity framework for funeral directors.
“At the moment, anyone can set up a funeral director business without any qualifications or standards to adhere to. The recommendations for the sector are clearly outlined in the David Fuller Inquiry which was published last year. I urge the government to act swiftly on the recommendations, they cannot be delayed.
“The emotional turmoil of the loved ones affected by this case is unimaginable and will undoubtedly have a long lasting impact on the wider community.
“Grieving families deserve reassurance that their loved ones will be treated with the highest standards of care and compassion. Anything less should be made a specific criminal offence.”
Member of Parliament for Gosport, Dame Caroline Dinenage said: “What has come to light in this case is absolutely shocking. No family should ever have to question whether their loved one has been treated with dignity after death.
“Over the past couple of years, I have met with a number of families directly impacted by this case to hear about the devastating impact it has had on them. I have also met with the two major trade bodies representing funeral directors, as well as an industry training provider, to understand how standards can and must be strengthened across the sector.
“I have met with successive Justice Ministers during this time to press for urgent changes to the law, including the current Minister, Alex Davies-Jones MP.
“I will be holding a debate in Parliament to raise awareness of this case on the floor of the House of Commons. This will require the Minister to formally respond and set out what the government are going to do.
“I will be asking them to introduce a mandatory licensing scheme for funeral directors, alongside a robust inspection regime to ensure standards are properly upheld. Legislation should also be brought forward to introduce a national unique identifier to track bodies through the death pathway and to ensure mortuaries only release bodies to licensed providers. Direct cremation services, which are growing in popularity, yet also completely unregulated, must fall within the scope.
“Government must now act swiftly to close these glaring gaps in the law.”
PCC Donna Jones and Dame Caroline Dinenage will also be hosting a meeting in Gosport for all affected families in March. Please get in touch with either Donna or Caroline for further details.
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