Sometimes, and it is decided case by case. In England and Wales, a prison can release someone for a short period on a special purpose licence. The HMPPS Release on Temporary Licence Policy Framework, reissued on 3 October 2022 lists "visits to dying relatives, funerals or other tragic personal circumstances" among the acceptable reasons for granting one, and says temporary release "should normally be considered" for someone to attend the funeral of a close relative. Normally considered is not the same as granted. Releases of this kind go through the normal risk assessment process, and the prison makes the decision. Where the eligibility criteria are not met, the framework says the person can only be allowed to attend under a secure escort. If you are arranging a funeral now and want to talk it through with someone, the Prisoners' Families Helpline is free on 0808 808 2003.
Can someone in prison go to a funeral?
There is no right to attend. There is a route to ask, and a decision that belongs to the prison.
That distinction matters more than it sounds, because families are often told one thing by a relative and another by the prison, and both are describing the same policy from different ends. The framework sets out when release should be considered. It does not say when it will be granted.
Three outcomes are possible under the framework, and it helps to know which one you are being told about when the prison rings back.
| Route | What the framework says | Who decides |
|---|---|---|
| Special purpose licence on compassionate grounds | Temporary release "should normally be considered" for funerals of close relatives (§6.29) | The prison, after the normal risk assessment (§6.25) |
| Attendance under secure escort | Where the eligibility criteria are not met, the person "can only be allowed to attend under a secure escort" (§6.26) | The prison |
| No attendance | Where neither route is agreed | The prison |
What is compassionate temporary release?
Release on temporary licence is the general name for letting someone leave prison for a set purpose and return. A special purpose licence is the version used for urgent personal reasons, and the framework is specific about what counts: "Acceptable reasons for granting SPL on compassionate grounds are: visits to dying relatives, funerals or other tragic personal circumstances" (§6.28).
The framework also recognises that these requests arrive with no notice. It tells prisons to "take account of the fact that, within some communities, funerals may occur within 24 hours and the decision to grant temporary release must be taken at short notice", and adds that the governor may wish to seek the view of the appropriate chaplain (§6.30).
That is the whole of what the published policy promises on timing. It does not set a national deadline for a decision, so nobody can honestly tell you how long yours will take. If the funeral date is close, say so when you contact the prison rather than waiting to be asked.
What counts as a close relative for this purpose?
The framework defines it. "A close relative is defined as the offender's spouse/life partner…, parent, child, brother, sister (including half – or step – brothers and sisters), or a person who has been in loco parentis to an offender, or to whom the offender has been in loco parentis" (§6.29).
In loco parentis means someone who stood in a parent's place. That covers the grandmother who raised him, the aunt who took him in, the stepfather who brought him up — if the relationship worked that way in practice.
What the definition does not do is stretch to every relative a family would call close. A grandparent who was simply a grandparent, an uncle, a cousin, a lifelong friend: none of them appear in that list. That does not automatically end it. The framework says that where these criteria are not met — "for example the prisoner wishes to attend a funeral" — the person "can only be allowed to attend under a secure escort" (§6.26). The request changes shape; it does not disappear.
Why is a funeral visit sometimes refused?
Because release on temporary licence is a risk decision, and the framework never suspends that. "Releases for this type of licence are subject to the normal risk assessment process, although in some case the urgency will mean it is not possible to complete the process in full" (§6.25).
Read that sentence twice, because it cuts both ways. Urgency can mean the assessment is not finished in the usual way. It does not mean the assessment is skipped, and it does not oblige the prison to take a decision it is not ready to take.
The published framework does not hand families a list of refusal reasons to argue against. The decision sits with the governor, on the individual case. What you can do is make sure the prison has the facts early: the date, the place, the relationship, and who is arranging it.
What happens when release isn't granted?
The first thing is that you are not the only family this has happened to, and the second is that there is somewhere to ring.
The Prisoners' Families Helpline is a free national line run by Pact, the Prison Advice and Care Trust, on 0808 808 2003. Pact can also be reached on its general number, 020 7735 9535. They deal with prison systems and bereaved families every day, which is a different kind of help from the one friends can offer.
Inside the prison, the chaplaincy is the part of the system the framework itself names in connection with funerals. Asking the prison to pass a message to the chaplain is a reasonable thing to ask for.
Beyond that, most of what is left is contact. Families send the order of service. They describe the day afterwards, in a letter that can be read and reread, which is often steadier than a phone call at that moment — writing to someone in prison has its own rhythm, and it matters more in these weeks than in any other. And they try to be reachable when the phone does ring, which depends partly on knowing when someone can call home.
What can the family do to stay in contact in the meantime?
Calls out of prison are paid for by the person making them, from their own limited credit. The rate depends on the type of number they ring, and mobile numbers are charged at a higher rate than landlines. That is the reason credit disappears so fast in a week when everyone needs to speak.
Prison Phone Calls provides a real 01 or 02 landline number, regulated by Ofcom, that forwards to your UK mainland mobile. The person in prison rings the landline number and is charged at the landline rate, so the same credit buys roughly twice as many minutes as ringing your mobile directly. The call reaches the same phone in your hand.
What it does not do is change anything else. The number has to be submitted through the prison's normal process for adding a number, and the prison decides whether to allow it and can refuse. Calls are still recorded and monitored in the usual way. Nothing about this is hidden from anyone, and nobody should present it as though it were.
One number works for any prison in the UK, and a transfer does not break it. Two people can share one number, though the minutes are shared too. If you are at the start of all this, the first few days explains what else tends to land in the same week.
If the mechanism is the part you want to see before deciding anything, this page walks through it step by step.
Frequently asked questions
Is there a right to attend a family funeral from prison?
No. The framework says temporary release "should normally be considered" for funerals of close relatives (§6.29), and all such releases remain subject to the normal risk assessment process (§6.25). Consideration is owed; an outcome is not. Anyone telling you the release is certain is guessing.
The funeral is in two days. Is there time?
Possibly. The framework tells prisons to take account of the fact that in some communities funerals may occur within 24 hours, and that the decision must be taken at short notice (§6.30). It sets no national timescale, so the honest answer is that it depends on the prison. Tell them the date as soon as you have it.
Does a grandparent or an aunt count as a close relative?
Only where that person stood in a parent's place. The definition covers a spouse or life partner, parent, child, brother or sister including half and step siblings, and anyone who has been in loco parentis (§6.29). Where the criteria are not met, the framework says attendance can only be allowed under a secure escort (§6.26).
What does attending "under a secure escort" involve?
The framework states only that this is the route where eligibility criteria for release are not met (§6.26). It does not set out, in that section, how such an escort is arranged or by whom, so anything beyond that should come from the prison itself rather than from a website.
If they are moved to another prison, do we lose the number?
No. One number works for any prison in the UK and a transfer does not break it, though the number would still go through the receiving prison's normal process. If you are weighing up whether it is worth it at all, the plans are set out here.
Ask early, ask the prison directly, and let the helpline carry the part you should not have to carry alone.