Background

The presence of kerbs around a burial plot is frequently addressed in the consistory courts[*], and each diocese has its own Churchyard Regulations offering practical guidance to parishes on the legal permissions and procedures involved in caring for churchyards, here and here. In Re St. John the Evangelist Perlethorpe [2025] ECC S&N 4 Ockelton Ch. noted:

“[1]. …There have been questions as to the legal basis of the ‘Churchyard Regulations’, and a reform of them over the whole of the Church of England is in progress. I had hoped that this case would have the benefit of being decided against the background of the revised arrangements for this Diocese. Progress has been much slower than was originally hoped, and the Petitioners cannot be expected to wait indefinitely. Besides, although the new law might change the background, it makes no difference to the principles governing the decision on this specific Petition”,

and as a consequence, resolution of the Petition had been seriously delayed. In this case, the petitioners sought permission to erect a memorial in the churchyard for which certain features of the design were outwith what was authorised to be permitted by a parish priest under the Diocesan Churchyard Regulations. Continue reading →