Judgments on Exhumations

Tixall Road Cemetery (Stafford Borough Council) - July 2021

Exhumation of cremated remains from Tixall Road Cemetery, Stafford and interment in Llaniestyn Cemetery, Llanddona, Anglesey. Exhumation proposed for ease of travel in order to visit deceased not justifiable. Petition refused.

Great Ness Cemetery (Shropshire County Council) - September 2019

Petition for exhumation of remains from consecrated ground at Great Ness Cemetery, to be reinterred in private land. The Chancellor considered that the Council had made an administrative error and that the place the remains were to be reinterred was unlikely to be disturbed in the future. The faculty was granted.

Adbaston St Michael and All Angels - June 2019

Petition for exhumation and reinterment of cremated remains from within the same churchyard. Considers the implications of the location of burial due to severe weather conditions in order to facilitate an expeditious interment that precluded burial elsewhere in the churchyard at the time. The faculty was granted.

West Bromwich All Saints - January 2019

Petition for exhumation and reinterment of cremated remains from within the same churchyard. Considers the issue of burial being in an unsuitable location and potential mistake in the authorisation for that burial. The Faculty was granted.

Anonymised Judgment - December 2018

Exhumation and reinterment of cremated remains. Faculty granted on the grounds of the exceptional distress and conflict arising from the initial interment.

Stile Cop Cemetery (Cannock Chase District Council) - April 2018

Exhumation and reinterment of cremated remains in consecrated ground at Stile Cop Cemetery. Faculty refused on grounds that dissatisfaction with original grave location does not justify exhumation.

Newcastle-under-Lyme Cemetery - December 2017

Petition for exhumation from two separate family graves side by side, in the consecrated area of the cemetery at Newcastle-under-Lyme. Consideration given to administrative error and petitioner's initial acceptance to bury. Petitioner now wishes to exhume from both graves and re-bury in the plot next to each respectively. Faculty granted.

Pelsall St Michael and All Angels - November 2017

Exhumation and reinterment of cremated remains in the same churchyard, bringing the cremated remains of husband and wife together in one same plot. Considers that the original churchyard burial policy for cremated remains has changed over time. Faculty granted.

Edgmond St Peter - July 2017

Exhumation and reinterment of cremated remains in the same churchyard, bringing the cremated remains of husband and wife together in one same plot. Considers that due thought is to be given when burying cremated remains and creating family grave. Faculty granted.

Hednesford St Peter - July 2016

Exhumation and reinterment of cremated remains in the same churchyard and into an existing grave within that churchyard. Considers the issue of areas of burial which are designed for cremated remains and for bodies. Faculty granted.

Smallthorne St Saviour - July 2016

Exhumation and reinterment of cremated remains in the same churchyard. Error in Administration. Faculty granted.

Fazeley St Paul - July 2016

Exhumation of cremated remains from family grave to be reinterred in a nearby plot in the same churchyard. Faculty granted.

Walsall St Gabriel - January 2016

Exhumation of cremated remains from the churchyard of St Gabriel's Walsall and interment in the churchyard of the church Our Lady of Lourdes, Hednesford. Exhumation proposed for ease of travel in order to visit deceased not justifiable. Petition refused.

Longton Cemetery - August 2015

Exhumation of remains from Longton, reinterred in Cemetery at Spring Garden Road. Error in Administration. Faculty granted with condition regarding health concerns of the City Council.

Burslem Cemetery - May 2015

Exhumation and re-interment in Burslem cemetery. Intended plot location not previously known but later identified. Faculty granted.

Pattingham St Chad - May 2015

Exhumation of cremated remains (contained in a casket) that were interred too close to other cremated remains, meaning that enough room was not left for an individual memorial. The remains were moved but did not align with said memorial and so a petition was submitted to exhume the cremated remains altogether and inter them in Danescourt Cemetery. Petition dismissed.

Codsall St Nicholas - February 2015

Exhumation of two coffins from the same plot in the churchyard of Codsall St Nicholas, re-buried in the same churchyard. First burial was not deep enough to sufficiently allow second burial and so both coffins permitted to be moved and the plot left vacant to be reused. Faculty granted.

Cheswardine St Swithun - January 2015

Exhumation of cremated remains for them to be scattered elsewhere. Change of mind as to the appropriate disposal of cremated remains is not an exceptional circumstance to allow exhumation, the fact that the cremated remains were to be scattered, was a further reason why exhumation could not be permitted.

Tixall Road Cemetery - November 2014

Exhumation of cremated remains for them to be scattered elsewhere. Change of mind as to the appropriate disposal of cremated remains is not an exceptional circumstance to allow exhumation, the fact that the cremated remains were to be scattered, was a further reason to dismiss the petition.

Bloxwich Cemetery - May 2014

Application for exhumation, refused, new cemetery being created after interment in circumstances where that new cemetery arguably a more suitable resting place for the remains of the deceased not an exceptional circumstance justifying exhumation.

Patshull St Mary - September 2013

Opening of casket containing cremated remains permitted to place wedding ring therein, approach to be taken to such applications.

Dawley Holy Trinity - September 2013

Application for exhumation, refused, change of mind on part of those who caused original interment not an exceptional circumstance justifying exhumation.

Wolseley Road Cemetery - July 2013

Exhumation, approach to be taken to applications for exhumation, circumstances in which creation of a family grave can justify exhumation, case where exhumation not justified by desire to create family grave.

Trentham St Mary - June 2012

Exhumation - approach to be taken to applications for exhumation, where there are circumstances which relate to the creation of a family grave can justify exhumation. Particular considerations applicable when cremated remains interred directly into soil. Exhumation granted with conditions.

Page last updated: Wednesday 13th October 2021 3:09 PM
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