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Nursing home and undertakers kipnapping the body

Adapted extracts from a letter to the Natural Death Centre from a woman living in south west London.

My mother died aged 96 at a nursing home in south west London. For three hours we sat with her, then we were told that we had to contact an undertaker as she couldn't stay there - this although the room was paid for regularly.

'I wanted her taken to my home. They would not agree'

We chose an undertakers near where I live. We were still sitting with my mother when they arrived. The senior nurse said brusquely that we must leave. The undertakers echoed this, although I said that as her representative I wanted her taken to my home. They would not agree and they just bundled her out in a plastic zip bag.

I protested about this - she was a person not just a bundle. I had a stand-up row with them. The nurse shut all the other rooms' doors. But I could not stop them. I followed them out and saw them put her into their van. It was dark.

I wrote to the social services and did obtain some sort of apology from the home.

'The executor to a person's Will or the nearest relative is the one who is entitled to claim lawful possession of the body'

Editorial comment

In both the Natural Death Handbook and in its out-of-print predecessor, Green Burial the advice from legal expert John Bradfield of the AB Welfare and Wildlife Trust, is that the executor to a person's Will or the nearest relative is the one who is entitled to claim 'lawful possession' of the body. It is a common law offence to hide the body (R. v Hunter et al 1974 LR QB 95) or to prevent this lawful possession (Williams v Williams 1882 51 LJ Ch 388; R. v Fox 1841 114 ER 96; R. v Scott 1842 114 ER 97). If court action is necessary to obtain legal possession, a fine or prison sentence can be imposed (R. v Morris 1951 1 KB 394).

The Natural Death Handbook, £15.50 by credit card incl. UK p&p. You can place a secure online order or contact the Natural Death Centre, 6 Blackstock Mews, Blackstock Road, London N4 2BT, UK (tel 0871 288 2098; fax 020 7354 3831; e-mail: rhino@dial.pipex.com; web: www.naturaldeath.org.uk).


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