The prison sentences for two funeral directors who left 46 bodies to decompose in a warm mortuary for over a month are set to be reviewed amid concerns they were ‘unduly lenient’.
Richard Elkin, 49, and his partner Hayley Bell, 42, were both jailed for four years in February for their crimes at their funeral parlour in Gosport, Hampshire.
These included failing to buy a coffin for an elderly man and leaving his decomposing body in an unrefrigerated mortuary room with water dripping down the walls.
One bereaved mother who had been a friend of Bell previously told how she was denied the chance to hold her dead baby Albie one last time – after the defendants locked away the infant’s body in a casket. The little boy had died at just 11 minutes old.
Corrinne Boulton told Bell her ‘mother’s last right’ was ripped away from her by ‘deplorable’ Bell.
Following a trial in December, Elikin and Bell were convicted of intentionally causing a public nuisance, preventing lawful burial, and carrying on business with intent to defraud creditors.
Elkin was additionally convicted of making and using a false instrument and possessing pepper spray.
The case is now set to be sent to the court of appeal after MP Dame Caroline Dinenage sent a letter to Ellie Reeves, the solicitor general under the Unduly Lenient Sentence (ULS) scheme.
Richard Elkin, 49, and Hayley Bell ,42, (pictured) were convicted of intentionally causing a public nuisance, preventing lawful burial, and carrying on business with intent to defraud creditors
Richard Elkin (pictured) was additionally convicted of making and using a false instrument and possessing pepper spray
Elkin and Bell continued providing services despite knowing the business, insolvent since 2019, could not meet its obligations
The letter sent by the Solicitor General said: ‘After careful consideration I have decided to refer this case to the Court of Appeal, as it appears to me that this test is met.
‘The Court will decide in due course whether the sentence imposed was unduly lenient and if so whether to substitute a different sentence.’
During the pair’s trial, jurors heard how bailiffs visiting Elkin and Bell Funerals over debts which had spiralled to £20,000 found bodies ‘crawling with maggots’ and with ‘fly pupae’ in the bags.
The defendants stored bodies in conditions as warm as 15C (59F), when they should have been stored at 4C (39F), the court heard – conduct the judge said was ‘designed to reduce the running costs of the business’.
The court heard they caused ‘visceral distress’ to the families of 46 deceased people – with some left confused about whether the ashes they received belonged to their loved ones.
The family of 87-year-old William Mitchell were left ‘incredulous’ after the pair of ‘fraudulent’ directors lied about cremating the deceased pensioner, a court previously heard.
It was said that his body was found ‘decomposing’ in a mortuary owned by Elkin and Bell in an unrefrigerated room with ‘water running down the walls’.
When high court bailiffs went to repossess the premises from the debt-ridden pair, they found Mr Mitchell’s body – which had been there for 36 days – and discovered a coffin had not been ordered for it.
In another shocking incident, the mother of a baby boy who died after just 11 minutes was robbed of the last chance to say goodbye to her son.
Corrinne Boulton, 42, slammed ‘inhumane’ Bell – who was her lifelong friend – and said her infant’s body was even hidden in a van.
Mrs Boulton said she trusted Bell as they had been close friends for over 20 years and she even put her in charge of her own funeral.
When Mrs Boulton’s premature son Albie died after just 11 minutes, she entrusted Bell with his funeral.
A coffin pictured at Elkin and Bell Funerals. The funeral directors left 46 bodies to decompose in a warm mortuary
Elkin even displayed a forged certificate from the National Association of Funeral Directors (pictured)
However, when she went to hold Albie for a final time the day before the funeral, Bell inexplicably sealed the casket and denied her the chance to say goodbye to him for the last time.
Unbeknown to Mrs Boulton, her son’s body is thought to have been removed from the funeral home and secretly stored in a van when inspectors were due to visit, prompting fears the infant’s body was left to rot.
Mrs Boulton cannot even be sure what ashes are inside the urn she has for Albie.
Between June 2022 and December 2023, dozens of bodies in the funeral directors’ care had been kept in an unrefrigerated room with many remaining there for more than 30 days.
Elkin and Bell continued providing services despite knowing their business could not meet its obligations.
Their trial heard that a cooler system was too small for the mortuary, meaning that the temperature could not reach its required level – especially in the summer months.
The firm also had a certificate from the National Association of Funeral Directors in the front office – which was later found to be a forgery, the jury heard.
The body of Patricia Williams, who died in June 2023, was also neglected by not being stored correctly.
Her son, Jamie Williams, told the court a call to inform him of what happened had ‘halted the grieving process in its tracks’.
He added: ‘They have exploited families when they were at their most vulnerable. They are evil and vile. They have taken away the right to grieve for my mum.’
Elkin and Bell (pictured) were guilty of a ‘profound’ breach of the trust placed in them by relatives, the judge said
Other relatives of deceased victims told of medical conditions, stress and counselling that they have gone through since finding out about their loved ones.
Carly Lilley, daughter of Georgina Lavin, who died aged 65 in July 2023, said: ‘It has been extremely difficult to process.
‘We did not ask to view her after the post-mortem (examination). We now question everything about the care she received.
‘Their actions have left us with lifelong doubt and distress and a sense of betrayal.’
Sharon Kirton said that when she saw her mother, Elizabeth Kirton, she had been covered in make up to hide up the effects of the lack of care – which was also smeared on her clothes.
Colin Marsh, son of Melvyn Marsh, added: ‘I let him down and this will haunt me for the rest of my life.
‘I now have to think about maggots in my dad’s body. I failed him.’
Gosport MP Dame Dinenage said in a Facebook post: ‘I’m glad that Ellie Reeves has referred the sentence of Richard Elkin and Hayley Bell to the Court of Appeal.
‘The families impacted by this case believe that the original sentence was unduly lenient and I look forward to the outcome of the case.’
Sentencing the pair, Judge James Newton-Price KC described them as ‘highly reckless’ and said they caused ‘serious and enduring distress’ to families.
The judge added: ‘No sentence can be a reflection of the value and the worth of the bodies neglected whilst in the care of Elkin and Bell.’
Andrew Eddy, of the Crown Prosecution Service, previously said: ‘They robbed many of their one chance to say goodbye with dignity.’
The Court of Appeal will now consider whether the original sentence was unduly lenient and, if so, whether a tougher sentence should be imposed.
Elkin was found guilty of recklessly causing a public nuisance, preventing a lawful burial, fraudulent trading as well as making and using a false implement with intent.
Bell was found guilty of recklessly causing a public nuisance, preventing a lawful burial, and fraudulent trading.
