Ecclesiastical Case Reports - Re Keynsham Cemetery (original) (raw)

Ecclesiastical Case Reports

Re Keynsham Cemetery

(Bath and Wells Consistory Court: Briden Ch, September 2002)

Gravestones�cemeteries�confirmatory faculty

Being concerned about the safety of monuments in a cemetery that it managed the local authority, in the mistaken belief that no faculty was required, used a �Topple Tester� to apply a measured force of 50 kg to each monument or tombstone. If the monument failed the test, it was dismantled and laid upon the grave. Thereafter a letter was sent to any known relative of the deceased explaining the situation. The local authority petitioner applied for a confirmatory faculty some months after the event. The chancellor rejected the argument that he had no jurisdiction over the cemetery, citing Re West Norwood Cemetery [1994] Fam 210. He reviewed in detail the law pertaining to monuments and identified the potential liabilities of the petitioner under the Occupiers� Liability Act 1957 and the Health and Safety at Work Act 1974. The remedy chosen by the petitioner was, he ruled, a drastic one but not Wednesbury unreasonable. He issued a confirmatory faculty subject to owners of certain of the monuments, in limited circumstances being given liberty to apply for reinstatement of them. The chancellor accepted that the method of testing used by the petitioner was justifiable on the information available in 2001 but he ruled that in future monuments may be laid flat if they fail a hand testing or testing to a 30kg standard by a Topple Tester or similar device. Conditions were attached to the faculty, namely that where practicable the petitioner shall give any person known to have an interest notice that a monument has been found to be unstable and afford that person reasonable opportunity to remedy the defect, and a list of displaced monuments shall be maintained by the petitioner along with a photograph.

[JG]

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