Burial of a baptismal font – some considerations – Law & Religion UK

Posted March 21st, 2025 in burials and cremation, Christianity, Church of England, faculties, news by Lily

‘The disposal options for unwanted baptismal fonts were reviewed in an earlier post, which reached the following conclusions:

There is an important distinction between the treatment of the font bowl and its plinth;
Canon F1 relates to use of the bowl of the font in church;.
There is no restriction in ecclesiastical law on the burial of a font in the churchyard, though this is often the disposal option of last resort;
There is a legacy of poorly-sited fonts which can result in health and safety issues, and problems in access and their liturgical use.

In the recent judgment Re St. Paul Heslington [2025] ECC Yor 1, the Petitioners sought to dispose of a nineteenth century font which, as part of a major reordering in 1973, had been placed outside the church and used as a plant holder; in its place was “a bold stainless steel font (the “New Font”), surmounted by a dove” [3]. Unsurprisingly, the condition of the Original Font deteriorated and in 2022 all its salvageable parts were brought into the church (i.e. the bowl and the shattered remains of the plinth and lower section) [8].’

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Law & Religion UK, 21st March 2025

Source: lawandreligionuk.com

The faculty jurisdiction and trees in closed churchyards: Re All Saints, Featherstone – Law & Religion UK

Posted March 12th, 2025 in Church of England, faculties, local government, news, trees by Lily

‘In Re All Saints, Featherstone [2025] ECC Lee 1, Wakefield Metropolitan District Council sought a confirmatory faculty for felling and removing an ash tree without lawful authority. The burial ground had been closed by Order in Council under the Burial Act 1853 and the maintenance obligation transferred to Wakefield MDC pursuant to s.215 Local Government Act 1972. Under the transfer of the duty of maintenance, Wakefield MDC was obliged to conduct routine inspections of the churchyard and to undertake “such works as are necessary to eliminate or reduce the risk of harm”. However, closed burial grounds remain subject to the faculty jurisdiction.’

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Law & Religion UK, 11th March 2025

Source: lawandreligionuk.com

The tort of nuisance and the consistory courts: Re St James, Southlake – Law & Religion UK

Posted February 24th, 2025 in Church of England, faculties, news, nuisance, restrictive covenants by tracey

‘Does the grant of a faculty authorising works to a church building or its surrounding property render immunity from an action for nuisance? The issue has arisen again in relation to two objections to a recent faculty petition.’

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Law & Religion UK, 24th February 2025

Source: lawandreligionuk.com

Court of Appeal adopts intervener’s submissions in Higgs v Farmor’s School and upholds guidance provided by the EAT in landmark case of manifestation of religion and belief – Cloisters Chambers

‘The Court of Appeal has today upheld the guidance provided by the EAT, that was proposed by Sarah Fraser Butlin KC for the Archbishops’ Council, in a major decision concerning the question of how courts and tribunals should approach religious or philosophical belief discrimination cases concerning the manifestation of belief – when people are treated less favourably because they have done or said something expressing their protected beliefs. The guidance will be of real practical assistance to employers and employees.’

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Cloisters Chambers, 12th February 2025

Source: www.cloisters.com

Church risks further crisis if it doesn’t act, says ex-child abuse inquiry chair – BBC News

Posted February 12th, 2025 in child abuse, Church of England, inquiries, news, sexual offences by sally

‘The Church of England risks further crisis if it fails to adopt a sweeping new independent system to keep people safe, the former head of a national inquiry into child sexual abuse has said.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

Ecclesiastical court judgments – January – Law & Religion UK

‘Only three consistory court judgments were circulated in January 2025; these included: the application of the tort of nuisance; the replacement of condemned wall-mounted heaters with a new boiler and wet system; and a burial plot that had been reserved by two families. However, this review also includes: CDM Decisions and Safeguarding; CFCE Determinations; and links to other posts relating to ecclesiastical law.’

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Law & Religion UK, 31st January 2025

Source: lawandreligionuk.com

Statement on BBC File on 4 on abuse by David Tudor – Law & Religion UK

Posted December 16th, 2024 in child abuse, Church of England, clergy, media, news, sexual offences by tracey

‘The Church of England has issued the following Statement on the case of the former Church of England rector David Tudor, highlighted in the BBC File on Four documentary.’

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Law & Religion UK, 16th December 2024

Source: lawandreligionuk.com

Calls for Archbishop of York to resign over Church failings in sex abuse case – BBC News

‘The Archbishop of York Stephen Cottrell is facing calls to resign over his handling of a sexual abuse case, days before he takes temporary charge of the Church of England.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Soul Survivor – Actions and Recommendations – Law & Religion UK

‘On 10 December 2024, the Diocese of St Albans published its action plan in response to the Independent Review into Soul Survivor by Fiona Scolding KC. Building on its initial response from 26 September, the plan outlines changes to be implemented within the Diocese and recommendations for the wider Church of England. Developed over three months of engagement with diocesan governance bodies, the response is issued by the Senior Staff Team. The Press Release is reproduced below, and the full response is here.’

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Law & Religion UK, 13th December 2024

Source: lawandreligionuk.com

The Star of David on Church of England gravestones? – Law & Religion UK

‘In Re St Mary the Virgin Weston Turville [2024] ECC Oxf 8, Mrs Deborah Clark sought a faculty authorising the installation of a memorial commemorating her late husband, Joe. Though a Christian, he was of Jewish heritage, and Mrs Clarke wanted both a Star of David and a cross on his gravestone, explaining that “whilst Joe accepted Christianity, he was brought up with the Jewish Faith, and so I want to represent both Faiths on the headstone”. In doing so, she had the support of the Archdeacons of Buckingham and Oxford [5-7]. Her petition was unopposed; however, the former Chancellor of the Diocese of Norwich had recently ruled against allowing a Star of David on a memorial stone in that diocese.’

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Law & Religion UK, 4th December 2024

Source: lawandreligionuk.com

Balancing heritage and necessity: Consistory Court jurisdiction in managing churchyard trees – Law & Religion UK

Posted November 22nd, 2024 in Church of England, faculties, news, planning, trees by sally

‘The human race has always had an emotional attachment to trees. Trees live so much longer than a human lifespan that we imagine, perhaps sentimentally and fancifully, that they probably knew our ancestors and witnessed significant historical events. Certain familiar trees have become particular objects of affection. The wanton felling of the Gap Sycamore tree caused national outrage.’

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Law & Religion UK, 22nd November 2024

Source: lawandreligionuk.com

Why didn’t police prosecute ‘brutal’ abuser linked to Church of England? – BBC News

‘John Smyth’s death in 2018 meant an “appalling abuser” associated with the Church of England escaped justice for crimes stretching back decades. Smyth used his role in a Christian charity to assault over 100 children and young men – and the Archbishop of Canterbury resigned after being criticised in a scathing report earlier this month. Now, an advocate for the victims of John Smyth tells the BBC the police were not “sufficiently curious” when told about him.’

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BBC News, 17th November 2024

Source: www.bbc.co.uk

Makin Review: Summary of Recommendations – Law & Religion UK

‘The independent review led by Keith Makin into the Church of England’s handling of allegations of serious abuse by the late John Smyth was published on 7 November 2024. The 253-page Review includes eight Key Recommendations [Review paragraph numbers in black] and twenty seven Specific Recommendations directed at particular concerns.’

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Law & Religion UK, 14th November 2024

Source: lawandreligionuk.com

Bishop calls on Welby to resign over Church abuse scandal – BBC News

Posted November 12th, 2024 in child abuse, Church of England, clergy, news, reports by tracey

‘A Church of England bishop has called on the Archbishop of Canterbury to resign, calling his position “untenable” after a damning report into a prolific child abuser associated with the Church.’

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BBC News, 11th November 2024

Source: www.bbc.co.uk

Church covered up ‘abhorrent’ abuse, report finds – BBC News

Posted November 12th, 2024 in assault, barristers, child abuse, Church of England, news, reports, sexual offences by tracey

‘A British barrister’s “horrific” and violent abuse of more than 100 children and young men was covered up within the Church of England for decades, according to the conclusion of a damning report.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Church covered up ‘abhorrent’ abuse, report finds – BBC News

Posted November 8th, 2024 in barristers, child abuse, children, Church of England, news, sexual offences by michael

‘A British barrister’s “horrific” and violent abuse of more than 100 children and young men was covered up within the Church of England for decades, according to the conclusion of a damning report.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Behind the Stained-Glass: institutional racism in the Church of England – Law & Religion UK

Posted November 8th, 2024 in Church of England, equality, news, racism, statistics by tracey

‘On 5 November, the Church of England published a report for the Archbishops’ Commission for Racial Justice, Behind the Stained-Glass: A Report on the Participation of UK Minoritised Ethnic People in the Ministry and Leadership of the Church of England.’

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Law & Religion UK, 6th November 2024

Source: lawandreligionuk.com

Law Commission consultation on burial and cremation law – Law & Religion UK

‘The law on burial and cremation in England and Wales, some of which dates back to the mid-19th century, is complicated and outdated. It has evolved as a patchwork of different laws which apply to different burial grounds depending on who operates them (eg the Church of England, local authorities or private owners). There are also gaps in the law. Burial space is running out, with the situation worst in some urban areas. Grave reuse has long been seen as a solution to this problem, but not all burial grounds are permitted to reuse graves.’

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Law & Religion UK, 3rd October 2024

Source: lawandreligionuk.com

Limits on anonymity – Law & Religion UK

‘In UK courts and elsewhere, it is sometimes necessary to introduce an element of anonymity into the proceedings and their reporting, as in the consistory court judgment Re St. Margaret Ormesby [2024] ECC Nor 5 where, unusually, one of the petitioners expressed concerns on aspects of the judgment which might become known to the joint applicant. Additionally, the “medical harm” criterion of Re Blagdon was considered.’

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Law & Religion UK, 30th September 2024

Source: lawandreligionuk.com

“A most ingenious paradox” – Law & Religion UK

Posted August 30th, 2024 in burials and cremation, Church of England, news by sally

‘“We know your taste for curious quips, For cranks and contradictions queer“…

…. and in the recent judgment Re St. Mary Fawkham [2024] ECC Roc 1 Willink Ch. evinces the solution to the question “When is a petition not a petition?“, in which circumstances “a memorial” (in a churchyard) had to be distinguished from the broader (legal) meaning of “a memorial” . The circumstances of the case itself will be familiar to canon lawyers – the Petitioner wished to install a memorial in the churchyard in memory of his late wife. The proposed memorial was a headstone and kerbs, the proposed stone being polished paradiso granite, described as “a swirling mixture of pink, grey, red and black colours in a strongly-defined tortoiseshell-type pattern.”’

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Law & Religion UK, 29th August 2024

Source: lawandreligionuk.com