Advice, Disabled access to cemetery.

longleggedhair

I wonder if you kind people would be able to give me some advice on behalf of a friend who lost a close relative some months ago.

The relative was buried in a church cemetery, and as many of the relatives are now elderly, one is blind, several have walking difficulties, two knee replacements, others with hip replacements etc the family placed a bench near to the grave at a side wall, as have other people over the years with several benches in different areas.

The church has sent quite an unpleasant letter threatening legal action unless the bench is removed.

On the side of the church yes it is their land and they ultimately have the right to say what happens on it.

However on the families side there is the aspect of fairness and precedent, as several other families have benches, but I wondered if one could argue under the Equalities Act they are, by insisting on the removal of the bench, preventing access to the facility for those disabled members of the family who now won’t be able to visit? 

elsien

I don’t think it is preventing access because if they can get to the bench then they can clearly get to the graveside and they could take a mobility aid along to sit on when they get there.
Why have they been asked to move the bench when other people haven’t? Has that question being asked?

molerat

Likely down to liability and maintenance issues, the default position is that the landowner is responsible.  I suspect the letter received is because they know who owns this one, maybe others have been contacted.

400ixl

It is likely the other benches were negotiated (likely supplied (at a cost)) by the cemetery. Have they actually asked how they could arrange to have a bench in that location?

I don't believe they will be breaking any disability laws by saying no though.

Eldi_Dos

longleggedhair said:

However on the families side there is the aspect of fairness and precedent, as several other families have benches, but I wondered if one could argue under the Equalities Act they are, by insisting on the removal of the bench, preventing access to the facility for those disabled members of the family who now won’t be able to visit? 

I would ask if any of the existing benches could be relocated to make access easier for your family.

The fee for placing a wooden memorial bench on the street in central Edinburgh is £4805.

cymruchris

There'll be processes and procedures that need to be followed (and fees that likely need to be paid) for anything that's put in a cemetery. You sadly can't just wander up and put whatever you want wherever you want. In terms of the other benches - nobody knows whether they followed the correct procedures or not - but that's not really the issue - if you haven't - then they have to deal with that on an individual basis. Many well-meaning people do things without a thought to the bigger picture. Who pays to maintain it? Keep it clear of weeds and plants? Keeps it in good condition? Generally the family start out with the best intentions - but as years pass, things get neglected. Who pays then for removal when it's old and rotten? At what point would you expect them to break it up and bin it? It may be worth asking them whether there's a process to put a bench in place, and how the family might pay for its maintenance and eventual replacement or disposal. 

Emmia

Have your relatives followed the correct process in terms of asking for permission? 

As an example, the Diocese of York & Diocese of Chelmsford have this information regarding benches in churchyards... It isn't simply a case of buying a bench and putting it down where you want. 

https://dioceseofyork.org.uk/uploads/attachment/5624/dac-guide-benches.pdf

https://www.chelmsford.anglican.org/uploads/dac-docs/SEATS__BENCHES_IN_CHURCHYARDS_-_2013_Edition(6).pdf

lisyloo

longleggedhair said:

I wonder if you kind people would be able to give me some advice on behalf of a friend who lost a close relative some months ago.

The relative was buried in a church cemetery, and as many of the relatives are now elderly, one is blind, several have walking difficulties, two knee replacements, others with hip replacements etc the family placed a bench near to the grave at a side wall, as have other people over the years with several benches in different areas.

The church has sent quite an unpleasant letter threatening legal action unless the bench is removed.

On the side of the church yes it is their land and they ultimately have the right to say what happens on it.

However on the families side there is the aspect of fairness and precedent, as several other families have benches, but I wondered if one could argue under the Equalities Act they are, by insisting on the removal of the bench, preventing access to the facility for those disabled members of the family who now won’t be able to visit? 

I could have read this wrong, but the way I read it they’ve just gone ahead without getting permission, is that right?
permission should have been sought so that all healthy, access and safety concerns could have been considered.

HillStreetBlues

Maybe if permission was sort for the bench some arrangement  might have been agreed.

BoGoF

Other families have benches because they have went through the correct process and probably paid to have a memorial bench. 

You can't just dump a bench on someone else's land then claim discrimination when told to remove it.

beanielou

BoGoF said:

Other families have benches because they have went through the correct process and probably paid to have a memorial bench. 

You can't just dump a bench on someone else's land then claim discrimination when told to remove it.

Please be nice to all money savers.
Thanks