Re-use of institutional burial grounds – Law & Religion UK

‘Disused burial grounds both old and ancient frequently feature in Midsomer Murders. In real life, however, their reuse is an on-going concern in view of the growing shortage of burial space. On 30 April, The Guardian reports “C of E intervenes in row over plan to build car park over graveyard”. The issue is not new, but it is necessary to unpick some of the journalese and identify the legal issues involved. A number of the issues raised in the Guardian article on the former Calderstones hospital in Lancashire echo those considered in In re Radcliffe Infirmary Burial Ground [2011] PTSR 1508.’

Full Story

Law & Religion UK, 3rd May 2018

Source: www.lawandreligionuk.com

ECHR Articles 9 and 14 – Local Government Law

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

Full Story

Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

Full Story

UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Coroner ordered to change ‘cab-rank’ burial release policy – BBC News

Posted April 27th, 2018 in burials and cremation, coroners, islamic law, Judaism, news by tracey

‘A London coroner has been ordered by the High Court to change her “cab-rank” queuing policy for handling burials after it was ruled “unlawful”.’

Full Story

BBC News, 27th April 2018

Source: www.bbc.co.uk

Child burial fees waived in England – BBC News

Posted April 3rd, 2018 in burials and cremation, children, fees, news by sally

‘The costs of child burials and cremations are to be waived in England to bring them in line with Wales, the prime minister has announced.’

Full Story

BBC News, 1st April 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

Full Story

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Ecclesiastical court judgments – February 2018 – Law & Religion UK

‘Review of the ecclesiastical court judgments during February 2018.’

Full Story

Law & Religion UK, 3rd March 2018

Source: www.lawandreligionuk.com

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

Posted March 2nd, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, judicial review, news by tracey

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

Full Story

Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

Judge agrees to judicial review of ‘cab rank’ rule for unexplained deaths – The Guardian

Posted February 5th, 2018 in burials and cremation, complaints, coroners, Islam, Judaism, news by sally

‘A high court judge has granted an application for a judicial review of a senior coroner’s “cab rank” policy in dealing with unexpected deaths, saying it raises issues of importance to Jewish and Muslim communities.’

Full Story

The Guardian, 2nd February 2018

Source: www.theguardian.com

Alternative cremation option “on hold” – Law & Religion UK

Posted December 21st, 2017 in burials and cremation, news, regulations, water, water companies by tracey

‘On 18 December 2017 the BBC reported ‘Water cremation’ plans on hold over environmental fears following an earlier refusal* by Severn Trent Water to grant a trade effluent permit to Sandwell Council who wished to operate an alkaline hydrolysis plant (“resomation”) for the disposal of human remains.’

Full Story

Law & Religion UK, 21st December 2017

Source: www.lawandreligionuk.com

Burial law should be reformed to stop family rows, says Law Commission – Daily Telegraph

Posted December 15th, 2017 in burials and cremation, families, news, wills by tracey

‘The law must be changed to stop families ignoring the burial wishes of the dead, the Law Commission has said. Currently someone’s wishes have no legal standing even if expressed in a will and family members can overrule them after death if they decide to do something different.’

Full Story

Daily Telegraph, 14th Decemeber2017

Source: www.telegraph.co.uk

Families buried wrong bodies after NHS mortuary mix-ups, study reveals – The Independent

Posted November 24th, 2017 in burials and cremation, hospitals, human tissue, mistake, news, reports by tracey

‘Families have been given the wrong bodies to bury or cremate due to serious errors in hospital mortuaries, a study has revealed. Analysis of 132 serious mortuary incidents reported by the NHS between 2002 and 2013 found nine cases where the wrong body was released and had to be exhumed after burial or cremation.’

Full Story

The Independent, 24th November 2017

Source: www.independent.co.uk

Aspects of burial law from Brady’s funeral judgment – Law & Religion UK

‘On 13 October, the High Court handed down the judgment Oldham Metropolitan Borough Council & Ors v Robin Makin & Ors [2017] EWHC Case No: HC-2017-002064 (Ch) concerning the arrangements for the disposal of the body of Ian Stewart-Brady, formerly Ian Brady (the “deceased”), one of the infamous Moors murderers. We posted some initial comments based upon the Court’s judgment and the Summary which it produced “to assist in understanding the Court’s decision”.’

Full Story

Law & Religion UK, 8th November 2017

Source: www.lawandreligionuk.com

Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

Full Story

Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Body of Iraq WMD dossier scientist David Kelly exhumed – The Guardian

Posted October 30th, 2017 in burials and cremation, chemical weapons, inquests, Iraq, news, suicide by sally

‘The body of Dr David Kelly, the government chemical weapons expert who killed himself in 2003 after being outed as the source of a BBC story, has been exhumed, police have confirmed.’

Full Story

The Guardian, 29th October 2017

Source: www.theguardian.com

Reuse of graves – further considerations – Law & Religion UK

Posted August 11th, 2017 in burials and cremation, faculties, news by tracey

‘Re St Peter Terwick [2017] ECC Chi 2 is a relatively straightforward case concerning the development of a churchyard through the re-use of land formerly used for burial. However, it is important since in addition to the Chancellor’s summary of the diminishing availability of space for burial, the judgment records “the exemplary manner in which the parish has set about converting its aspiration into reality”.’

Full Story

Law & Religion UK, 9th August 2017

Source: www.lawandreligionuk.com

Ecclesiastical court judgments – July – Law & Religion UK

‘Review of the ecclesiastical court judgments during July 2017.’

Full Story

Law & Religion UK, 3rd August 2017

Source: www.lawandreligionuk.com

Hull baby ashes inquiry: 57 parents not given ashes back – BBC News

‘Up to 57 families were not given the ashes of babies who were cremated, an investigation has found.’

Full Story

BBC News, 25th July 2017

Source: www.bbc.co.uk

Ecclesiastical court judgments – June – Law & Religion UK

Posted July 3rd, 2017 in burials and cremation, ecclesiastical law, faculties, news by tracey

‘Review of the ecclesiastical court judgments during June 2017.’

Full Story

Law & Religion UK, 3rd July 2017

Source: www.lawandreligionuk.com

Scattering Ian Brady’s ashes – Law & Religion UK

Posted May 17th, 2017 in burials and cremation, inquests, murder, news by sally

‘The inquest into the death of the remaining “Moors Murderer”, Ian Brady, commenced on 16 May 2017, and the BBC reported that his ashes would not to be scattered at Saddleworth Moor, the burial place of many of their victims. Senior coroner Christopher Sumner is reported as saying that “he knew he did not have the legal power to make such a request but believed it was the ‘correct moral judgement’”.’

Full story

Law & Religion UK, 17th May 2017

Source: www.lawandreligionuk.com