Anyone taken on the cemeteries dept?

Katykat

I know this has happened to lots of people so perhaps some of you may have had some luck. About 5 yrs ago, my local council knocked down any grave stones that they redeemed as unsafe. Afterwards, the cemetery looked like a bombsite, with headstones lying everywhere, all with large yellow hazard notices on them warning that they need to be mad safe. By this, they mean that I would have to pay a stonemason to put the headstone back up. However, I cant have this done until I can prove that I own the grave, which I dont. My Gran owned it when she buried my grandad, & then she put my mum in there. When she died, my uncle put her in it, & when he died,his sons cremated him. So the papers are missing. Also,I havn't had the money for the legal fees to aply for ownership & to pay he stonemason.
Now, my question is- if the original stonemason was working to council practices at the time ( & I dont know who that was) then obviously is not his fault it was erected unsafe. Its not my fault, even if I did own the grave, so why should I have to pay? I have been told that not only are the stonemasons charging to re-erect the headstones, but they are charging to remove the yellow stickers too. Incidently, the council changed tactic later,& instead of pushing the headstones down, they are now hammering long wooden stakes into the grave & tying rope around it, along with the obligatory yellow notice.
This apparently all came about because someone hurt themselves on a headstone that fell down ( elsewhere in the country). Now, they have hundreds of headstones lying all over the place which anyone can fall over, & te council have created it themselves.
Anyone taken their council on to make them pay- & won?

cleo1299

The website of the Local Government Ombudsman has a page about this (http://www.lgo.org.uk/complaints-about-safety-testing-cemeteries/). It explains what might be grounds for complaint and might lead to compensation (e.g., if the council "aid memorials flat without considering other methods of making a memorial safe".

So if the owners of the grave want to take action maybe they could bring a complaint, even if they don't have the papers to prove ownership. You might be able to claim ownership if your mother is buried in the grave. Ring the Ombudsman's office and ask them (0300 061 0614)