UK - Two arrested, 34 bodies removed during investigation into funeral directors, Hull, 10 March 2024

"UNDERTAKER PROBE: ‘Fraudster’ behind horror funeral parlour which left bodies rotting breaks cover" - The Sun

 
UPDATE 19/03/24

Companies House has today published that the Compulsory Strike-Off of Legacy Independent Funeral Directors Ltd has been....SUSPENDED!

Wonder if the relevant documents were submitted before the police raid but Companies House has only just published the suspension...? If they were submitted afterwards, well, that's interesting...

EDIT: It may be that the Companies House has issued the suspension to investigate the company re creditors been owed

 
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UPDATE 19/03/24

Companies House has today published that the Compulsory Strike-Off of Legacy Independent Funeral Directors Ltd has been....SUSPENDED!

Wonder if the relevant documents were submitted before the police raid but Companies House has only just published the suspension...? If they were submitted afterwards, well, that's interesting...

EDIT: It may be that the Companies House has issued the suspension to investigate the company re creditors been owed

Companies can only be struck off under certain circumstances. This is the official explanation. The most likely scenario is that they've now submitted whatever documents they were late submitting.


9.1 When the registrar may strike a company off the register
If a company is neither carrying on business nor operation, the registrar may take action to strike a company off the register.

The registrar may take this action if they have reasonable cause to believe that a company is not carrying on business or in operation. The registrar may take this view if:

they have not received company documents that should have been sent to them
mail that the registrar has sent to a company’s registered office is returned undelivered
the company has no directors
Before striking a company off the register, the registrar will communicate with the company to inquire whether it’s still carrying on business or in operation. If they’re satisfied that it’s not, they will publish a notice in the relevant Gazette stating their intention to strike the company off the register unless they’re shown reason not to do so.

A copy of the notice will be placed on the company’s public record. If the registrar sees no reason to do otherwise, they will strike off the company not less than 2 months after the date of the notice. The company will be dissolved on publication of a further notice stating this in the relevant Gazette.
 
Companies can only be struck off under certain circumstances. This is the official explanation. The most likely scenario is that they've now submitted whatever documents they were late submitting.


9.1 When the registrar may strike a company off the register
If a company is neither carrying on business nor operation, the registrar may take action to strike a company off the register.

The registrar may take this action if they have reasonable cause to believe that a company is not carrying on business or in operation. The registrar may take this view if:

they have not received company documents that should have been sent to them
mail that the registrar has sent to a company’s registered office is returned undelivered
the company has no directors
Before striking a company off the register, the registrar will communicate with the company to inquire whether it’s still carrying on business or in operation. If they’re satisfied that it’s not, they will publish a notice in the relevant Gazette stating their intention to strike the company off the register unless they’re shown reason not to do so.

A copy of the notice will be placed on the company’s public record. If the registrar sees no reason to do otherwise, they will strike off the company not less than 2 months after the date of the notice. The company will be dissolved on publication of a further notice stating this in the relevant Gazette.

Why would he go to the bother of submitting the documents? The company is massively in debt, own very few assets, and it's not like they'll be getting any trade as a funeral director ever again (JMO), regardless of the outcome of the police investigation....

Personally, I find it more likely that they haven't submitted the documents post-arrest but that there have been objections from third parties. See: Why would a company strike off be suspended?.

The other alternative is that they submitted them pre-arrest but there were delays.
 
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Why would he go to the bother of submitting the documents? The company is massively in debt, own very few assets, and it's not like they'll be getting any trade as a funeral director ever again (JMO), regardless of the outcome of the police investigation....

Personally, I find it more likely that they haven't submitted the documents post-arrest but that there have been objections from third parties. See: Why would a company strike off be suspended?.

The other alternative is that they submitted them pre-arrest but there were delays.
Or pehaps it's to do with the second reason listed - "2. Ongoing legal proceedings"

Although it's the directors that have been arrested, it could be that there's legal action to be taken against the limited company as well, so it has to be kept in existance until those legal proceedings are concluded.
 
A grandfather claims he was given what he was told were his wife's ashes only to discover her cremation did not take place until weeks later.

Peter Welburn said he paid £1,900 to Legacy Independent Funeral Directors for wife Shirley's funeral, held on 19 December last year.

He claims he received the ashes on 23 December but said he was told on Monday his wife was not cremated until 16 January.

Mr Welburn said he was told by Robert Bush, listed as a director of Legacy, it would be cheaper to use Cottingley Hall Crematorium, 60 miles away in Leeds, rather than their local site.
 
Hull City Council's cremation prices are actually really cheap. An early morning "delivery" cremation (e.g. no service) is only £500 [price list below, also requires payment of medical certificate]. If Legacy were charging £970 that's a decent profit.

It seems, however, that HCC had issued a CCJ for £51k owed so probably refused to stop taking from Legacy which meant they had to look out of area. JMO.


Even if they were still able to use Hull crematorium, they would be making a loss on a £970 funeral charge:

£500 (direct cremation fee) + £82 (medical certificate) + around £120 for a coffin with (legally required) name plate: that's at cost (plain mdf, no handles, no lining - the cheapest available).

That's £702 immediately gone - leaving £268 to cover normal business overheads: wages at national living wage, employer's NI & pensions, premises rent, business rates, premises insurance, vehicle maintenance, fuel, road tax and insurance, electricity (high because of the fridges), gas, water, phones, broadband, website upkeep (required by law), clinical waste services, stationery and so on.

That is absolutely NOT in any way whatsoever, said in mitigation of their actions. I'm completely horrified and disgusted at the behaviour of these people, but the funeral director quoted above was right - the arrival of large, well advertised on TV, cheap cremation companies is fuelling a race to the bottom and there urgently needs to be some kind of registration for funeral directors (or at the very least a legal requirement for them to belong to at least one of the two main professional bodies - both of whom carry out regular, vigorous, premises inspections).
 
This article (also quoted above) shows a timeline. It reports man receives wife's ashes from Legacy on 23 December, but the cremation did not take place until 16 January (confirmed by a Leeds crematorium). She had died on 25 November and the funeral service was 19 December. So, cremation took place around seven weeks after the death and around four weeks after the funeral. I guess we also cannot be sure it was the stated person in the coffin on that exact date regardless of what the nameplate said (although there is no suggestion she was found in the premises, as police state they have identified all recovered bodies). I really feel for this man, bless him.

 
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Even if they were still able to use Hull crematorium, they would be making a loss on a £970 funeral charge:

£500 (direct cremation fee) + £82 (medical certificate) + around £120 for a coffin with (legally required) name plate: that's at cost (plain mdf, no handles, no lining - the cheapest available).

That's £702 immediately gone - leaving £268 to cover normal business overheads: wages at national living wage, employer's NI & pensions, premises rent, business rates, premises insurance, vehicle maintenance, fuel, road tax and insurance, electricity (high because of the fridges), gas, water, phones, broadband, website upkeep (required by law), clinical waste services, stationery and so on.

That is absolutely NOT in any way whatsoever, said in mitigation of their actions. I'm completely horrified and disgusted at the behaviour of these people, but the funeral director quoted above was right - the arrival of large, well advertised on TV, cheap cremation companies is fuelling a race to the bottom and there urgently needs to be some kind of registration for funeral directors (or at the very least a legal requirement for them to belong to at least one of the two main professional bodies - both of whom carry out regular, vigorous, premises inspections).

Yes, but it's not quite a simple as this as far as I'm aware. First, coffins are going to be bought at wholesale/bulk prices and often on credit. Second, for the funerals that took place at the Legacy chapel it's also likely they were charging for room hire, buffets, etc. Third, they only had two employees according to Companies House (I'm guessing the owner and his daughter who, it seems, was also at university for a time). Anyone else (e.g. drivers) could well have been self employed. And, finally, funeral directors don't just organise funerals of the recently deceased. They're also an agency for funeral plans - which can see a massive turnover for simply filling out a form and those funerals often won't happen until years or decades later. If that money isn't being deposited with the plan provider, well...

JMO
 
Looked into the history of the Legacy funeral director's Hessle Road site and tried to find a death certificate for Simon Eric Woolston, the owner of the previous controversial funeral directors (Heavenly Services) based there which also was the subject of a police fraud investigation. This is as a result of swirling local *rumours* Woolston never died.

The General Register Office does NOT have a death certificate for him on their online index. He is reported in the Hull Daily Mail as dying on 11 October 2021 and the online registration indexes go up to the end of Q4 2021 - but he's not listed there. Deaths must be registered within 5 days by law, so he should easily fall into that quarter and appear in the indexes. Other people who died in Q4 2021 (October-December) in Hull are listed. Possible he did not die in Hull, but no results for whole of the country. I've tried different variations of spelling, etc.

There is probate registered for him which confirms the 11 October 2021 death date - and this seems to have gone through the High Court -so one would assume there was definitely a death registered with the GRO. Obviously there could be many administrative reasons/errors why there is no death record currently on the GRO index but, considering there are doubts he actually died, isn't it a bit bizarre? JMO.

Any Websleuths fancy looking into this further?

GRO:

Probate: Search probate records for documents and wills (England and Wales)

Former home of Woolston, advertised on Rightmove 09/23. House Price History
 
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Hull City Council leader on the Legacy investigation: "the true magnitude of this is yet to come to light"


"Hull councillors pass emergency call for funeral regulation"


Independent: "I was given my wife’s ashes a month before she was cremated":
 
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As there are calls in the funeral sector for regulation, what do you think should be done? Here are a few ideas from me.

1. Unannounced inspections from a local authority, trade body or commission [this is the most obvious possible solution]

2. A standard timeframe during which cremations should take place after funeral services (e.g. within three days).

3. A standard timeframe during which families should receive ashes after services, if requested (e.g. within 7-14 days)

4. Crematoriums not to allow funeral homes more than 1-2 months credit for cremations without payment.

5. Maybe the approximate weight of the ashes should be recorded on the cremation certificate? This would be to ensure the ashes aren't later divided. Also, making it mandatory that families are given the certifcate.

6. Create a specific criminal offence of knowingly deceiving families about the origin of the ashes they receive.

7. QR code tracking for deceased sent out of area for cremations? (Wouldn't be necessary if cremation taking place at same site as funeral service).

8. Funeral homes to be assigned a "capacity", based on their facilities/fridges, on how many bodies they can care for on each site at any one time.

Any thoughts, or other suggestions?
 
Yes, but it's not quite a simple as this as far as I'm aware. First, coffins are going to be bought at wholesale/bulk prices and often on credit. Second, for the funerals that took place at the Legacy chapel it's also likely they were charging for room hire, buffets, etc. Third, they only had two employees according to Companies House (I'm guessing the owner and his daughter who, it seems, was also at university for a time). Anyone else (e.g. drivers) could well have been self employed. And, finally, funeral directors don't just organise funerals of the recently deceased. They're also an agency for funeral plans - which can see a massive turnover for simply filling out a form and those funerals often won't happen until years or decades later. If that money isn't being deposited with the plan provider, well...

JMO
Coffins are rarely bought in bulk except by the huge chains, because of the space needed to store them. The price I quoted is a wholesale price that requires a minimum number of coffins to be ordered at once, and is the cheapest available to my knowledge (full disclosure - I'm an FD from elsewhere in the UK).

The £970 quoted is on the Legacy website as being their price for an unattended funeral - also known as a direct cremation. This set price package doesn't allow for a service or for any extras to be added, so they wont have gained income from chapel hire or catering.

Driver/Bearers are often employed on a casual basis or, as you suggest, self employed but they will still need to be paid and self employed bearers often charge more per hour than paying casuals an hourly rate, which would offset any savings on employers NI.

It is illegal for any funeral director in the UK to take payment for pre-paid plans. That part of the sector is heavily regulated and policed by the Financial Conduct Authority. The rules around a funeral director even discussing details of pre-paid plans are beyond draconian and I won't bore you to death with the ins and outs, but if Legacy were taking actual monetary payments for pre-paid plans in any way, shape or form then that will almost certainly form part of their criminal charges.

As there are calls in the funeral sector for regulation, what do you think should be done? Here are a few ideas from me.

1. Unannounced inspections from a local authority, trade body or commission [this is the most obvious possible solution]

2. A standard timeframe during which cremations should take place after funeral services (e.g. within three days).

3. A standard timeframe during which families should receive ashes after services, if requested (e.g. within 7-14 days)

4. Crematoriums not to allow funeral homes more than 1-2 months credit for cremations without payment.

5. Maybe the approximate weight of the ashes should be recorded on the cremation certificate? This would be to ensure the ashes aren't later divided. Also, making it mandatory that families are given the certifcate.

6. Create a specific criminal offence of knowingly deceiving families about the origin of the ashes they receive.

7. QR code tracking for deceased sent out of area for cremations? (Wouldn't be necessary if cremation taking place at same site as funeral service).

8. Funeral homes to be assigned a "capacity", based on their facilities/fridges, on how many bodies they can care for on each site at any one time.

Any thoughts, or other suggestions?
All excellent suggestions and I would welcome all of them with the exception of Gov't regulation going above and beyond a requirement to belong to either of the two main trade bodies. Both of these inspect without prior warning and expect their members to uphold rigorous standards. Many small firms belong to both.

My only opposition to Gov't regulation beyond insisting on trade association memberships is that they have a tendency to throw out the baby with the bathwater based on previous Gov't interventions but I'd still prefer a full and clumsily implemented licencing scheme to the status quo of anyone being able to set up as an FD with no checks whatsoever.
 
Looked into the history of the Legacy funeral director's Hessle Road site and tried to find a death certificate for Simon Eric Woolston, the owner of the previous controversial funeral directors (Heavenly Services) based there which also was the subject of a police fraud investigation. This is as a result of swirling local *rumours* Woolston never died.

The General Register Office does NOT have a death certificate for him on their online index. He is reported in the Hull Daily Mail as dying on 11 October 2021 and the online registration indexes go up to the end of Q4 2021 - but he's not listed there. Deaths must be registered within 5 days by law, so he should easily fall into that quarter and appear in the indexes. Other people who died in Q4 2021 (October-December) in Hull are listed. Possible he did not die in Hull, but no results for whole of the country. I've tried different variations of spelling, etc.

There is probate registered for him which confirms the 11 October 2021 death date - and this seems to have gone through the High Court -so one would assume there was definitely a death registered with the GRO. Obviously there could be many administrative reasons/errors why there is no death record currently on the GRO index but, considering there are doubts he actually died, isn't it a bit bizarre? JMO.

Any Websleuths fancy looking into this further?

GRO:

Probate: Search probate records for documents and wills (England and Wales)

Former home of Woolston, advertised on Rightmove 09/23. House Price History
I'm wondering if there was coroner involvement in his death. Sometimes when someone dies suddenly and unexpectedly, the post mortem doesn't immediately reveal a cause of death (there may be a considerable wait for toxicology results for example). The 5 days to register rule applies only to 5 days after a doctor or coroner issues a Medical Cause of Death (MCD) form.

When that happens the death can't be registered (because there is no definitive cause of death for the doctor to put on the MCD, so no paperwork allowing the registrar to create a record of death in the GRO). So that the family can arrange a funeral and move on with things like probate etc, an interim death certificate is issued by the Coroner but the actual GRO record might not be entered until some months after death.

I'm just musing, but it seems a possible explanation?
 

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