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Re St Mary and St Bartholomew, Hampton-in-Arden

Birmingham Consistory Court: Powell Ch, 19 October 2017 [2017] ECC Bir 2 Relocation of headstone – PCC policy

Published online by Cambridge University Press:  08 May 2018

Ruth Arlow*
Affiliation:
Chancellor of the Dioceses of Norwich and Salisbury
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2018 

The deceased's memorial headstone had been located at his feet, rather than at his head, so that it was visible to those entering the church rather than from the High Street. The petitioning daughter and widow wanted to relocate the headstone so that it was at his head and facing the High Street rather than the church. The row of 12 other graves in that location had headstones at the foot of the grave, facing the entrance to the church, and to change the position of the headstone in one grave would look out of place and be contrary to the policy of the Parochial Church Council (PCC) for that area of the churchyard. It was noted that a precedent had been set over a number of years for commemoration in this way and the respective positions of the body and headstone were evident at the time of the burial and erection of the headstone. Moreover, the position of the body was consistent with 2000 years of Christian practice and not disrespectful. The faculty for relocation was refused on the basis that such relocation would look out of place and would interfere with a reasonable PCC policy. It had been suggested that, if desired, the name of the deceased could be engraved on the rear as well as the front of the headstone, as was the case on another headstone. [Catherine Shelley]