Exhumation
The question
To ask the Secretary of State for Justice, if he will place a moratorium on the granting of exhumation licences for former asylum cemeteries, including Horton Cemetery, until a review of historic and cultural importance has been undertaken.
Answered by Alex Davies-Jones
The Government recognises the sensitivities surrounding burial grounds linked to former psychiatric institutions, including Horton Cemetery, and is committed to upholding the dignity of these sites and the memory of those interred within them.
All applications for exhumation are assessed individually and require consents from next of kin, the owner of any related exclusive right of burial and the burial authority to ensure that respect for the deceased person is balanced with a legitimate request from the family or burial authority. A general ban would remove this balance and prevent valid cases from being considered. All applications undergo rigorous scrutiny, and disturbing remains without authority is a criminal offence.
The Law Commission is currently reviewing burial legislation, including the legal provision for exhumation, as part of its Burial, Cremation and New Funerary Methods project (Burial, cremation, and new funerary methods – Law Commission). Its report on this issue is expected to be published in early 2026, and the Government will respond in due course.
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