The Consistory Court of the Diocese of Lichfield is to rule over what should happen after the wrong body was accidentally buried in a grave which had been reserved for the widow of a man buried in the adjacent grave.

The body of Mr Daniel Hastelow was buried in the grave last Monday; but the plot had been reserved by faculty – ecclesiastical planning permission – for the widow of Mr Michael Best so she could be buried next to her husband who had been buried in January.

Church officials will try to find a solution which is acceptable to both families. If they succeed the agreement will be sent to the Consistory Court for approval.

Gavin Drake, communications director for the diocese, said: “The Archdeacon of Walsall, the Ven Chris Sims, will discuss the situation with both families and try to reach an agreement about the way forward.

“If an agreement can be reached the matter will be referred to the court for its approval. The burial of Mr Hastelow interfered with the rights granted by the faculty held by Mr Best’s widow. The faculty is an order of the court and it will need to be satisfied that the agreed solution is lawful. The consent of the court for an agreement can be sought on paper without the need for a hearing, in the same way that most matters are dealt with by the court.

“If no agreement can be reached the Archdeacon will have to apply to the court for a faculty for a number of options. In these circumstances a rare formal sitting of the court can be expected to allow both families to make their views known. The Chancellor of the Diocese, His Honour Judge Marten Coates, who presides over the Lichfield Consistory Court, would then issue a judgement with a ruling over what should happen.”

Gavin Drake added: “This situation has arisen out of a simple mistake which is causing significant grief to two entirely innocent families. While there are no deadlines for reaching agreement with the families we are keen, for their sake, to ensure that the matter is resolved as soon as possible. Clearly the situation has arisen as a result of an error by the church and we are extremely sorry for the distress that this has caused.