Ministry of Justice
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Stop unnecessary staking says Minister

Stop unnecessary staking says Minister

MINISTRY OF JUSTICE News Release (005/09) issued by COI News Distribution Service. 16 January 2008

Too many burial grounds operators are staking or laying down memorials which are not a serious risk to the public. New guidance published today by Justice Minister Bridget Prentice makes it clear this should only be done as a last resort.

The guidance, which applies to burial grounds in England only, operators to take a sensible approach when assessing the safety of memorial stones and the risk they present to the public.

Pointing out that overturning or other interference with gravestones can be upsetting for families and friends of the deceased, Justice Minister Bridget Prentice said:

"Cemeteries are important havens of peace and reflection and their maintenance is essential so that they do not pose a risk to the public..

"However, bereaved families can feel distressed if a memorial stone for a loved one is laid down, propped up, or otherwise marked for repair, without them being made aware.

"This guidance sets out the steps that burial ground operators should take to make cemeteries safe for people, while at the same time keeping families informed.

Local Government Minister John Healey said:

"Heavy-handed actions by some graveyard operators, including councils, have caused unnecessary distress for people. While it is quite right that they protect visitors from genuine danger they must also consider their feelings. This guidance should help them strike the right balance and crucially give peace of mind to those wanting to visit their loved ones' gravestones."

The guidance suggests that operators:
* Develop local knowledge of the different types of memorial currently installed in the burial ground to identify designs, historical importance and public footfall,
* Make an overall assessment of the risks associated with these types of memorials to assist prioritisation of more detailed inspections
* Adopt an inspection methodology for assessing the risk, if any, presented by each memorial, which might include:
o A visual check for obvious signs that a memorial is likely to be unstable
o A hand test to help confirm the visual check - without the need for special tools or equipment
o Arrangements for more detailed inspections of particular memorials where the initial inspection identifies significant risk, for example by a specialist structural engineer or memorial mason.
The guidance also says that there is no need for operators to:
* Use mechanical test instruments, which can be misleading.
* Stake memorials as a temporary repair - it will be better to prevent access by signs or cordoning them off. Only where there is an imminent risk of the stone falling on someone should it be laid flat.
* Assume that movement is necessarily a sign of instability - some memorials are designed to move within designed tolerance limits without presenting any danger.
Families will still own the memorial stones and burial ground operators will need to contact them to make any repairs necessary, only taking immediate action if there is imminent risk of serious injury due to the state of the memorial.
Where temporary measures need to be taken to make memorials safe, operators are advised to take steps to make permanent repairs as soon as possible.

Notes to Editors
1. The guidance, Managing the Safety of Burial Ground Memorials, can be found on http://www.justice.gov.uk/publications/safety-burial-grounds.htm

2. The guidance was developed by a subgroup of the Burials and Cemeteries Advisory Group, representatives from the insurance industry and local government employers.

3. Responsibility for maintaining cemeteries lies with their owners. These are churches, local authorities or private cemetery companies.

4. For more information, please call Ministry of Justice Press Office on 020 33 34 35 36.

ENDS

http://www.justice.gov.uk

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