Hostname: page-component-745bb68f8f-d8cs5 Total loading time: 0 Render date: 2025-02-11T09:43:55.572Z Has data issue: false hasContentIssue false

Re St Peter, Bredhurst

Rochester Consistory Court: Gallagher Ch, 11 October 2017 [2017] ECC Roc 9 Churchyard regulations – illegal items – removal by parish

Published online by Cambridge University Press:  08 May 2018

Ruth Arlow*
Affiliation:
Chancellor of the Dioceses of Norwich and Salisbury
Rights & Permissions [Opens in a new window]

Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2018 

Over a long period a number of items, such as gnomes, figurine angels, balloons and solar lamps, had been introduced onto graves in the churchyard, contrary to the diocesan churchyard regulations. Informal efforts to resolve the situation had failed and the team rector and churchwardens petitioned for a faculty permitting the removal of those items. A number of families wrote letters of objection, though chose not to become parties opponent in the case. The chancellor refuted the argument that everyone should be entitled to mourn in their own way, stating that, where regulations existed, it was manifestly absurd to permit them to be broken as each person saw fit. He referred to Re St Mary, Roughton [2017] ECC Nor 1, noting that incumbents are but temporary custodians of the churchyard, which has served and will serve the parish as a place of peaceful reflection and prayer. The petitioners were to be commended for properly seeking to enforce the law. The faculty was granted for the removal of existing items and any future items placed on graves. Reflecting a Diocesan Advisory Committee proviso, the chancellor made it a condition of the faculty that the parish ensure that an agreement be signed before each funeral takes place, whereby the family concerned agree to comply with the churchyard regulations, with one copy being retained by the family and another by the Parochial Church Council. [RA]