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1 Agenda Item No: 8(f) Wolverhampton City Council OPEN EXECUTIVE DECISION ITEM (AMBER) Cabinet / Cabinet Team CABINET (RESOURCES) PANEL Date 28.02.2006 Portfolio(s) COMMUNITY SERVICES Originating Service Group(s) ADULTS AND COMMUNITY Contact Officer(s)/ S WRIGHT Telephone Number(s) EXT 4998 KET DECISION: YES/NO IN FORWARD PLAN: YES/NO Title/Subject Matter REVISIONS TO CEMETERY REGULATIONS Recommendation Cabinet is recommended to: 1. Note and endorse the regional approach taken across the Black Country to standardise the rules and regulations applicable to the regions cemeteries and crematoria; 2. Consider and endorse the proposed regulations as set out in Appendix B including the recommended approach in respect of certain contentious issues in Wolverhampton and the single issue of inconsistency across the region as described in Sections 4 and 5; to enable this to occur, Members are requested to agree to the concurrent revocation of the Councils existing cemetery and crematorium regulations. 3. Approve the proposed implementation and ongoing delivery strategy as set out in Section 6.
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Agenda Item No: 8(f) Wolverhampton City Council OPEN EXECUTIVE

DECISION ITEM (AMBER) Cabinet / Cabinet Team CABINET (RESOURCES) PANEL Date 28.02.2006 Portfolio(s) COMMUNITY SERVICES Originating Service Group(s) ADULTS AND COMMUNITY Contact Officer(s)/ S WRIGHT Telephone Number(s) EXT 4998 KET DECISION: YES/NO IN FORWARD PLAN: YES/NO Title/Subject Matter REVISIONS TO CEMETERY REGULATIONS Recommendation Cabinet is recommended to: 1. Note and endorse the regional approach taken across the Black Country to standardise

the rules and regulations applicable to the regions cemeteries and crematoria; 2. Consider and endorse the proposed regulations as set out in Appendix B including the

recommended approach in respect of certain contentious issues in Wolverhampton and the single issue of inconsistency across the region as described in Sections 4 and 5; to enable this to occur, Members are requested to agree to the concurrent revocation of the Council�s existing cemetery and crematorium regulations.

3. Approve the proposed implementation and ongoing delivery strategy as set out in

Section 6.

2

REVISIONS TO CEMETERY REGULATIONS 1.0 Purpose of Report 1.1 The report is intended to:

• set out the rationale for a review of existing regulations relating to the Council�s cemeteries and crematorium;

• outline the regional approach taken to develop a revised set of regulations and the consultation undertaken as part of that process;

• propose a set of revised regulations including the approach to a number of contentious issues and an implementation strategy.

2.0 Background 2.1 Under the provisions of the Local Authorities� Cemeteries Order 1977 �a burial

authority may do all such things as they consider necessary or desirable for the proper management, regulation and control of a cemetery�.

2.2 In general terms rules and regulations are considered to be a key tool in the

effective management of cemeteries and crematoria in order to maintain them as peaceful and respectful environments for the bereaved and the community overall. It is recognised however that they need to be appropriate and applied in a sensitive and proportionate way.

2.3 Wolverhampton, like most burial and/or cremation authorities, has for many years

had rules and regulations. It has however been a number of years since these were reviewed and in some instances they are no longer considered to be effective in their objective of supporting the management of our cemeteries.

2.4 In addition in 2004, Wolverhampton City Council adopted the Charter for the

Bereaved. This Charter contains 35 (cemetery and crematorium user) rights and sets standards of service related to burial, cremation and funerals generally. Under the Charter, members of the public have the right to be given a copy of the rules and regulations, and also to a written explanation as to why a particular regulation has been used to restrict or otherwise influence their general rights.

2.5 The existing regulations do not capture the spirit of the Charter for the Bereaved

and as stated previously, in some instances they are not considered to be appropriate and can contribute to conflict with grave owners when the reasons for action by the Council in respect of breaches, are not clearly understood.

2.6 In view of the above it was considered appropriate that a wholesale review of the

existing rules and regulations should take place. The review has aimed to:

• Work with colleagues in neighbouring Black Country authorities to identify a standard set of regional rules and regulations that could meet the aspirations of local people

• Consult local cemetery users on their needs and expectations for a modern, well managed service

• Consider how to deal with certain contentious issues, such as the recent expansion in the use of wind chimes, in a proportionate and sensitive fashion

• Identify a future strategy for the implementation and ongoing application of any new provisions

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3.0 Review and Development Process 3.1 Earlier this year, through the local liaison arrangements for burial and cremation

authorities, it was suggested that the adoption of a generic, regionally agreed set of modern, up to date rules and regulations which represented the needs of the local communities served, would be of considerable benefit in the long term management of cemeteries.

3.2 Consequently a draft set of regulations have been formulated through discussion

and agreement between Wolverhampton, Dudley, Walsall and Sandwell Bereavement Services Officers.

3.3 The intention as far as practicable is that the proposed regulations are adopted by

all of the authorities. There are a small number of exceptions to this proposed approach which are considered later in this report.

3.4 In developing the proposals Wolverhampton�s Bereavement Services Officers also

had regard to consultation which had previously been undertaken in 2004 through the Citizens Panel and by direct survey questions of cemetery visitors.

3.5 A detailed breakdown of the results of the survey questionnaires in percentage

terms is shown at Appendix A. However, in general terms the results illustrated:

• A slight preference for the exclusion of dogs • A significant view that tributes should only be allowed on graves and not other

cemetery areas and features • The belief that the Council should however allow tributes other than flowers on

graves • The view that wind chimes are not appropriate within cemeteries • General support for action against those that breach certain regulations

3.6 Local funeral directors, monumental masons, Interfaith and the Wolverhampton

Council of Mosques have also been asked for comment however none have been received to date.

3.7 The draft regulations have also been subject to consultation with the Council�s

Legal Services and any revisions incorporated as appropriate. 4.0 Proposed Regulations and Key Changes 4.1 The draft regulations are attached as Appendix B (excluding a number of

appendices relating to dimensions of graves, memorials, etc at each cemetery) and the Memorial Management Policy as Appendix C. In preparing the document the opportunity has also been taken to include additional information to try and assist funeral directors and cemetery and crematorium visitors.

4.2 Amongst the revisions to the regulations are the following:

• Item 4 requires that children under 14 should be under adult supervision when visiting a cemetery. The previous rule related to children under 10 and has been changed for safety and security reasons and to avoid undue disturbance to other cemetery users.

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• Item 20 seeks to advise families that it may be necessary to temporarily store excavations on their grave prior to the future interment of a neighbouring grave, and is proposed as an information item rather than a regulation.

• It is proposed to continue with the existing policy of not allowing floral or other

tributes within the Garden of Remembrance or Woodland Garden at Bushbury Crematorium (Item 37). Wreaths and/or memorabilia within these areas significantly affect grounds maintenance operations and detracts from the natural appearance of these areas.

• The new installation standard for memorials and registration scheme

requirements for masons which are linked to the Council�s memorial safety strategy, have been included for the first time (items 40 and 41).

• Specific requirements have been included within the new proposals relating to

individual grave decoration, tributes etc. These will now be required to be positioned within the area or on the space allocated for the memorial only and not to encroach onto grassed areas. This is primarily to prevent any hindrance to grounds maintenance operations but also to preserve aesthetics (item 45 and 47).

• Item 47 also makes mention of tributes being confined to the individual grave

space and not positioned on City Council property, particularly ornaments, windchimes etc being attached to trees.

• Item 46 proposes to continue to develop the lawn cemetery principle through

not allowing kerbs, fencing or other boundary markings on such areas. (Cabinet will be aware of the development of lawn cemeteries following the Second World War. Most of Wolverhampton�s cemeteries have been developed upon this concept from the 1950s onwards).

4.3 The proposals do not at this stage seek to revise the opening hours for

cemeteries. This is an issue currently under consideration as part of a separate package of proposals to further enhance service provision within Wolverhampton and will be subject to a separate report to Cabinet.

4.4 In addition to the above the opportunity has been taken to review a number of

practices that have emerged which have presented challenging situations in the management of cemeteries and crematorium. In particular in recent years the bereaved have increasingly either used unusual tributes or have positioned them in particular ways that have either offended a proportion of other cemetery users or in some instances may hinder grounds maintenance operations or both.

4.5 Whilst it is accepted that individuals have particular reasons for wanting to tend

the graves of loved ones in certain ways, we have a responsibility to ensure that other users are not unreasonably prejudiced or offended by their actions. It is also essential for grounds maintenance operations to be undertaken safely, without fear of damaging memorials or other artefacts.

4.6 Items 9, 45, 46 and 47 are specifically intended to try and address these issues

with item 47 in particular being an intended approach to proportionately respond to the issue of tributes including items such as wind chimes.

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5.0 Regional Variations 5.1 The only notable difference between Wolverhampton�s proposals and the proposed

�Black Country� regulations relates to the allowing of dogs in cemeteries (item 5). It is proposed that dogs should still be allowed within Wolverhampton�s cemeteries as long as they are kept on a leash whereas Sandwell, Dudley and Walsall Councils would wish to retain their prohibition of dogs which they consider appropriate.

5.2 Bereavement Services Officers within Wolverhampton do not consider dogs to be

a major problem within the Council�s cemeteries and believe, in fact, that they can provide reassurance to visitors, particularly the elderly.

5.3 In addition, any proposal to exclude dogs from cemeteries would be difficult to

enforce as Bereavement Services Officers are not based within individual cemeteries and only visit periodically as part of their duties.

5.4 It is however worth noting that a consistent regional approach is being proposed in

respect to the challenging issues described in paragraphs 4.4 to 4.6. 6. 0 Implementation Strategy 6.1 It is recognised that there is a need for a sensitive and proportionate introduction

of the revised rules and regulations, particularly where retrospective action is required to deal with situations that already exist. The action proposed will not meet with universal approval from the affected grave owners and will inevitably attract the attention of the local press.

6.2 Utilising our experience to date of implementing the Council�s approach to the

management of memorials an implementation strategy based on the following is proposed, to be implemented from the beginning of June 2006.

(i) Appropriate signage will be placed in all cemeteries advising cemetery

owners of the introduction of the new requirements and providing them with a contact number for further advice.

(ii) All members will be informed in writing of the new regulations and the

procedures to be followed in order to enforce them.

(iii) The new regulations will be displayed within cemetery buildings and at the crematorium.

(iii) All funeral directors, stone masons, Interfaith, etc will be notified of the

implementation of the new requirements and their support requested in advising visitors to cemeteries and the crematorium.

(iv) From the beginning of October 2006 where there still appear to be

examples of non-compliance with the new requirements the following procedure will be followed.

• A letter will be sent to last known address of the grave owner or if not

possible place appropriate signage close to the identified article.

• A copy of the letter will be attached to the memorial, tree or building.

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6.3 If, after a period of two months the issue remains outstanding, the Bereavement Services Officer will remove the property from the grave or other areas of the cemetery and this will be taken into storage for a further period of two months for collection by the owner.

6.4 If no contact is received from the owner(s) by the end of this period, the property will

be disposed of. The procedure will be explained fully in the initial correspondence. 6.5 Items deemed to present an immediate safety hazard to cemetery visitors will be

removed without prior notification. The owners will subsequently be notified and provided with an opportunity to collect any items. If this has not occurred within two months, the items will be disposed of.

6.6 As part of the ongoing communication process to try and ensure the effective

implementation of the new requirements all new grave owners will be issued with an executive summary of the rules and regulations with their grave deeds.

6.7 In addition all cemetery sites will continue to be visited by the Bereavement

Services Officers in the performance of their duties relating to new burials. It is proposed that on a weekly basis, the officers will also conduct a grounds inspection with the specific purpose of identifying and dealing with any examples of situations which do not meet the new requirements.

6.8 If such situations are identified officers will be following the same process as

described before ie. writing to the owners and placing a copy on the grave/memorial, etc.

7.0 Resource Implications 7.1 The effective implementation and ongoing delivery of the new proposals will

require a reallocation of the duties of certain key officers. This may have a small impact on some of the other activities contained in the Work Programme.

8.0 Equalities Implications 8.1 The proposals have been developed having regard to the requirements of all

users of cemeteries and crematorium. It may be necessary on occasion, as part of the implementation process, to ensure specific measures are taken to ensure the requirements are effectively communicated before any enforcement measures are progressed.

9.0 Environmental Considerations 9.1 Cemetery regulations are designed in part, to protect the aesthetic appearance of

cemeteries by contributing towards the upkeep of vital green spaces within the urban environment and assisting in the provision of peaceful places for contemplation for the bereaved.

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APPENDIX A

Question Citizens Panel (379) Cemetery Visitors (178) Total (557) For

%

Against

%

No Response

%

For

%

Against

%

No Response

%

For

%

Against

%

No Response

% 1. Do you support the current policy of allowing supervised dogs in cemeteries?

40

58

2

51

46

3

44

54

2

2. Do you believe that tributes should only be allowed on graves?

80

14

6

56

16

28

72

15

13

3. Do you believe that tributes other than flowers should be allowed on graves?

49

34

17

60

39

1

53

36

11

4. Do you believe that wind chimes are appropriate within a cemetery?

34

49

17

42

48

10

37

49

14

5. Do you support action taken to address the unauthorised encroachment by grave owners onto cemetery grass areas?

-

-

-

63

18

19

63

18

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APPENDIX B

Wolverhampton City Council BEREAVEMENT SERVICES Rules and Regulations In respect of the Cemeteries and Crematorium

Introduction Rules and Regulations are a necessary requirement for the management of Wolverhampton City Council Cemeteries and Crematorium. Whilst every effort has been made to avoid restricting individual rights and choices, the need for safe and tidy grounds and the provision of cemeteries as places for peaceful contemplation are also important considerations. Wolverhampton City Council adopted the Charter for the Bereaved in 2004 which contains 35 rights and sets standards of service related to burial, cremation and funerals generally. Under this Charter, you have the right to be given a copy of our rules and regulations, together with a written explanation why a particular regulation has been used to restrict or otherwise influence your rights. A reference copy of the Charter can be borrowed from the Bereavement Centre and a further leaflet detailing the rights is also available upon application. GENERAL REGULATIONS 1. Terms

a. �The City Council� means Wolverhampton City Council.

b. �The Manager� means the Divisional Manager, Bereavement Services or

any person empowered to act on behalf of the Council.

c. �The Cemetery� means Wolverhampton City Council owned cemeteries, these being Beacon Hill, Bilston, Bushbury, Danescourt, Hall Green, Merridale and Penn.

d. �The Crematorium� means Bushbury Crematorium.

2. Cemetery/Crematorium Opening Times

All Cemetery grounds except Bushbury are open to visitors throughout the year as follows:

March to October Weekdays 8.00am to 4.00pm Weekends and Bank Holidays 9.30am to 5.00pm

November to February Weekdays 8.00am to 4.00pm Weekends and Bank Holidays 9.30am to 4.00pm

NB: Bushbury Cemetery and Crematorium grounds open until 5.00pm from March to October and to 4.45pm from November to February, except weekends and Bank Holidays, which are as shown above.

Please note that the locking up procedure will commence 15 minutes prior to the stated closing time.

3. Vehicles

a. Vehicles shall keep strictly to the cemetery roads avoiding grass areas at all times.

b. The speed limit in the cemetery grounds is 5 miles an hour.

c. Parking is allowed on the cemetery roads, but priority must be given to any

funeral corteges.

d. The City Council accepts no responsibility for any theft from vehicles parked in the cemetery.

4. Children

Children under 14 are advised to be under adult supervision when visiting a cemetery. This is for their own safety.

5. Dogs

a. Dogs are allowed within the cemetery grounds but must be kept on a leash.

b. Assistance dogs only are allowed in the Crematorium chapels or cemetery buildings

. 6. Photographs

No person shall take any photograph of any grave, memorial, building or funeral gathering within the cemetery without the permission of the manager. This is to ensure the privacy rights of individuals.

7. Sale of Goods

The sale of goods and/or the soliciting of orders within the cemetery is strictly prohibited, so as not to cause any distress to other users.

8. Responsibility for Damage

The City Council accepts no responsibility for any damage to a grave or memorial either by natural causes or by a third party.

9. Plants on Graves

The City Council reserves the right to prune or remove any trees, shrubs or plants growing on graves, if they are deemed to be causing an obstruction to grounds maintenance or the public or affecting memorial stability.

10. Responsibility for Orders

The City Council will not be held responsible for any misunderstandings that arise from orders or instructions given over the telephone.

11. Fees

All fees and charges must be paid before the funeral, except where account facilities have been arranged with the funeral director or monumental mason.

12. Gratuities

City Council staff are not allowed to accept any gifts or money from the public or from representatives of companies.

13. Amendments

The City Council reserves the right to make amendments to these rules and regulations at any time.

BURIALS We have adopted the Guiding Principles for Burial Services as issued by the Institute of Cemeteries and Crematorium Management (ICCM). 14. Booking Burial Service Times

Applications for burial must be made to the Bereavement Centre office (Telephone 01902 554994) between the hours of 9.00am and 4.00pm, Monday to Friday, except Bank and Council Holidays.

15. Interment Notices

a. Completed interment notices must be received at the Bereavement Centre office by 8.45am at least two clear working days before the planned day of burial.

b. The coffin or casket size must also be clearly stated in writing.

c. Failure to complete this form correctly may result in the postponement of

the funeral.

d. Any late alterations to the coffin/casket size, which results in an amendment to a grave, may incur an additional charge.

16. Times of Burial

The normal hours for interments to take place are between 9.00am and 3.00pm throughout the year.

17. Certificate for Disposal

The Registrar�s Certificate for Disposal or Coroner�s Order must be received at the cemetery at the time of the funeral.

18. Re-opening Graves

a. Where a grant of exclusive right of burial has been issued, the grave or vault cannot be opened without the written permission of the registered owner, unless the burial is to be that of the registered owner.

b. Where a request to bury the registered owner in his/her grave is received,

the name of the deceased as shown on the Registrar�s Certificate for Disposal must be exactly the same as the name on the coffin plate. Any variation will require the submission of a written declaration before the burial can take place.

c. If you cannot find your grant of exclusive right of burial, the burial may not be allowed to proceed before a written declaration has been prepared and received at the Bereavement Centre office.

19. Coffins

Bodies must be enclosed in a suitable coffin or casket on arrival at the cemetery and must not be removed for the purpose of interment.

20. Grave Excavations

Grave owners are advised that it may be necessary to temporarily store excavations from a neighbouring grave on to your grave until any forthcoming interment has taken place.

21. Bearers

The funeral director or family are responsible for providing a minimum of four bearers to carry the coffin from the hearse to the grave and to lower the coffin into the grave.

22. Floral Tributes

Floral tributes from graves will be removed when they have withered or are unsightly, but in any case not until at least fourteen full days after the interment.

23. Brick Graves

Requests for brick graves should be submitted in writing to the manager for approval, including a risk assessment and method statement at least 7 days before the anticipated funeral date.

24. Turfing of Graves

Graves will not be turfed during the late spring and summer seasons and will instead be seeded where requested.

CREMATION We have adopted the Guiding Principles for Cremation Services that are issued by the Institute of Cemetery and Crematorium Management (ICCM). Every cremation is undertaken in accordance with the Code of Cremation Practise as determined by the Federation of British Cremation Authorities (FBCA). 25. Booking Cremation Service Times

Applications for cremation must be made to the Bereavement Centre office (Tel 01902 554995) between the hours of 9.00am and 4.00pm. Monday to Friday, except Bank and Council holidays.

26. Cremation Papers

We must receive completed forms with the Order for Cremation at the Bereavement Centre office by 3.30pm at least two working days prior to the cremation. This is to allow the Medical Referee sufficient time to peruse the papers and undertake any checks required before authorising the cremation.

27. Service Tenure

a. Services should ideally be timetabled for around twenty minutes in length in order to allow for entering and vacating the chapel within the allocated half hour schedule.

b. If it is known that the service is to be attended by a lot of mourners, families

are encouraged to book a double service time. 28. Music

a. For special music requests, families are requested to provide sheet music, adapted for the organ, at least 24 hours before the service.

b. CDs must be received at the Crematorium office by 3.00pm on the previous

working day before the funeral service, so as to allow testing of suitability and adequate preparation.

c. Re-writable CDs are not recommended as clarity cannot be guaranteed.

Cassette tapes are no longer accepted at the Crematorium due to their general poor quality.

29. Curtains

The curtains will close around the coffin towards the end of the service unless otherwise instructed.

30. Coffins

a. Each body whether an adult or child must be brought to the Crematorium for cremation in a wooden or suitable environmentally friendly coffin or casket. (Biodegradable coffins must have a rigid base of at least 25mm thickness).

b. The maximum size of any coffin including any handles fitted is as follows:

• West Chapel � 27� wide, 84� long, 20� deep. • East Chapel � 29� wide, 84� long, 20� deep. • Caskets can be accepted in the East Chapel up to 33� wide, but can

only be 17� deep. (The base width of a casket must be between 32 and 33 inches in order to sit on the forks of the charging machine or up to a maximum of 29 inches to sit inside the forks of the charging machine).

c. The coffin must bear a nameplate stating the full name of the deceased,

which shall be checked by the chapel attendant before entry into the chapel. Any variation from the order for cremation details will require the submission of a written declaration before the cremation can proceed.

d. Funeral Directors and families should refer to our separate leaflet on coffins for

any special requirements pertaining to the Environmental Protection Act 1990. 31. Bearers

The funeral director or family are responsible for providing a minimum of four bearers to carry the coffin from the hearse to the catafalque.

32. Flowers

a. The funeral director or family shall ensure that any floral tributes placed upon the coffin are removed to the flower terrace at the conclusion of the service.

b. Floral tributes will be removed from the terrace by 8-00am on the morning

of the third working day after the funeral. This is to make room for tributes from forthcoming funerals.

c. Should you wish to collect flowers or cards before they are removed,

please do so before the time stated above. 33. Viewing the Committal

Facilities are available for you to view the coffin being placed into the cremator (max 6 persons). If you wish to take up this option, you must inform us at the time of booking the cremation.

34. Disposal of Cremated Remains

a. We can store cremated remains up to one month after a funeral. If at the end of this period we have not received your instructions, we will contact you in order to obtain your preference for disposal.

b. For further information on the options available to you, please request a

leaflet. 35. Disposal Certificate

If you require the interment of cremated remains within one of our cemeteries, and the cremation did not take place at Bushbury Crematorium, we require a disposal certificate from the appropriate cremation authority.

36. Cremation Memorials

Certain cremation memorials are only available for purchase or lease from the City Council. Other memorials are, of course, available from a stonemason. Please ask for a leaflet.

37. Garden of Remembrance

a. The placing of floral tributes and other items are not permitted in the Garden of Remembrance, Woodland Garden and granite cross feature in the Bushbury Crematorium grounds. This is in order to retain the natural appearance of the areas and to aid grounds maintenance.

b. Facilities are available at the Crematorium for such tributes on the

East Chapel Terrace, Flower room and in the flower troughs at the base of the Granite Cross feature.

MEMORIAL REGULATIONS This section should be read in conjunction with our leaflet � Guidance on the Erection and Maintenance of Memorials in Cemeteries.

38. Exclusive Right

Except for the Babies Memorial Garden, memorials can only be placed upon graves for which an exclusive right of burial has been granted.

39. Authority

The installation of new memorials, renovation of existing memorials and added inscriptions to memorials can only be carried out with the authority of the registered owner and with the authority of the City Council.

40. Installation Standards

All new memorials and any removed for re-inscription purposes shall be installed to the National Association of Memorial Masons (NAMM) latest Code of Working Practice.

41. Registration Scheme

Only masons registered under the British Register of Accredited Memorial Masons (BRAMM) scheme shall be permitted to carry out work within the cemetery.

42. Permits

Applications for new memorials and/or additional inscriptions to existing memorials must be submitted to the Bereavement Centre office prior to any memorial being erected. Applications should include a drawing showing the dimensions of the memorial, the type of material to be used and proposed construction methods.

43. Fees

No permit will be issued unless the appropriate fee has been received, except where account facilities have been arranged with the funeral director or monumental mason.

44. Inscriptions

a. Details of inscriptions proposed are also required in order to prevent any possible offence being caused to other cemetery users. However, we welcome the use of nicknames, local dialect and/or non-standard verse.

b. All new memorials must be inscribed with the grave number, on the bottom

right hand corner at the front of the memorial.

c. Any trade names shall be inscribed on the bottom left hand corner of the memorial.

45. Concrete Plinths

a. Where concrete plinths have been provided for memorials, all tributes, mementos, etc including vases and ornaments must remain within the channel provided and not encroach onto the grassed area in order to ensure that grounds maintenance tasks can be undertaken without the risk of causing damage.

b. Nothing should be placed in the channel in front of memorials at Bushbury, Beacon Hill, Bilston and Merridale cemeteries

46. Lawned Areas

Any kerb sets, fencing or other delineation of a grave space onto a lawned area will be removed following a period of notice given, where possible, to the registered owner in writing. This is to maintain the uniform lawned appearance of the cemetery and to aid grounds maintenance.

47. Tributes

Decoration, tributes, wind-chimes, ornaments etc should be confined to the individual grave and not placed onto City Council property, including trees, fence lines and buildings.

48. Safety Hazards

Items deemed to present an immediate safety hazard to cemetery visitors and staff will be removed without any prior notification and will be retained for a period of two months for collection by the owner.

49. Responsibility for Theft

The City Council accepts no responsibility for the theft of memorials, ornaments, mementos etc from graves.

50. Materials

All memorials should be constructed in natural stone. The City Council, however, welcomes alternative design requests, all of which will be viewed on their merits, but reserves the right to refuse for aesthetic or other reasons.

51. Protective Frames

Protective frames, up to a maximum width of 2� for flat-stone memorials are permitted and must bear the appropriate grave number

52. Photographs

Ceramic photographs are permitted on all memorials, subject to approval. 53. Vases

Flower vases can be built into the base of a headstone or provided at the top or bottom of a flatstone memorial. Free standing vases are permitted in accordance with the detailed site memorial regulations.

54. Management of Memorials

The City Council, as part of its Memorial Management policy, will routinely inspect all memorials within our cemeteries. Details of the policy are available upon request.

55. Removal of Memorials

The City Council reserves the right to remove any memorial from display, following a reasonable period of notice to the owner, if these regulations are infringed or the memorial is in a state of disrepair.

56. Working Hours

No work to or fixing of memorials shall take place outside of weekday cemetery opening hours.

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TTHHEE MMAANNAAGGEEMMEENNTT OOFF MMEEMMOORRIIAALLSS 1. INTRODUCTION 1.1 In seeking a solution to the nationwide problem of unstable memorials in its

Cemeteries, Wolverhampton City Council have adopted a three phased approach which commenced in May 2004 and which has enabled the development of a longer term policy.

1.2 Up to this date, potentially dangerous memorials identified by officers or

contractors, whilst undertaking their normal duties within the seven Council managed Cemeteries by Bereavement Services, had been immediately laid flat to minimise the risk of injury.

1.3 No records were ever kept of such actions and it is estimated that no more than five

headstones per year were dealt with in this way. 1.4 In such circumstances, where it was possible to locate the owner, contact was

made. Where this was not possible, the headstones were either buried below ground level or repaired where costs were minimal.

1.5 An Officer Task Group was established to develop a joint approach to the

management of the safety of memorials between Bereavement and Leisure Services.

1.6 Following discussions with representatives from the Sandwell, Walsall and Dudley

Burial Authorities, a common approach was agreed to address the safe installation of memorials, combining a registration scheme for Memorial Masons with new stricter standards of installation.

1.7 The Black Country Registration Scheme was therefore set up and required all new

and re-erected memorials that were installed after 1 April 2004, to be in accordance with the National Association of Memorial Masons� Code of Working Practice.

2.0 PHASE I 2.1 Due to the limited knowledge available and the experiences of other authorities, it

was decided to address the issue in two phases:-

• Phase I : A pilot six month integrated risk assessment, inspection and remediation programme involving 300 memorials within Beacon Hill, Bilston and Penn Cemeteries.

• Phase II : Based upon the outcome of Phase I, the development of a

medium to long-term strategy to manage the ongoing safety of memorials.

2.2 A budget of £70,000 was approved in order to undertake the pilot exercise and

included the appointment of an officer to co-ordinate the administrative requirements associated with the pilot.

2.3 As well as �Road Testing� methods of inspection and testing, Phase I initially sought to concentrate on the development of a comprehensive public consultation strategy to ensure the memorial owners were made aware of their responsibilities and the Council�s intentions.

2.4 Before any of the 300 memorials were inspected, 3 letters were sent at periodic

intervals to the last known address of each owner as well as being attached to the headstone.

2.5 The physical testing of the first 100 memorials did not commence until the last week

of July 2004, with over 80 memorials being classified by staff as unstable, 45 of which were considered to be �immediately dangerous�.

2.6 It was determined to call an immediate halt to proceedings as staff involved in the

testing, had difficulty in classifying memorials by subjective hand test alone. 2.7 It was therefore agreed to trial test the memorials again using resistance equipment

normally used to test the strength of teddy bears eyes by the Trading Standards division.

2.8 Despite 5 memorials being identified as �immediately dangerous� by this method, it

was again evident that an element of subjectivity was required as staff were obtaining different readings from the equipment.

2.9 It was therefore decided to purchase industry recognised calibrated equipment for

the remainder of the pilot. 3.0 PILOT RESULTS 3.1 The pilot exercise provided a great deal of useful information that has been used in

the development of the Phase II and III proposals. 3.2 Overall the pilot exercise brought forward a number of key findings which can be

summarised as follows:-

• Estimated that between 5% and 10% of the City�s 17,500 memorials were �unstable�.

• Approximately 1% of these �unstable� memorials would be �highly unstable�. • No contact was possible, despite the prior notification procedures adopted, with

up to 60% of memorial owners. • Ground settlement beneath the base slab of some memorials had contributed to

the instability of the memorial. • The new installation standard required for reinscripted memorials required the

treatment of the neighbouring memorial when in a �back to back� situation. • Of the 28 memorials identified as �unstable� from the 300 inspected during the

pilot, only 6 owners have currently undertaken any repairs to their memorial.

4.0 PHASE II 4.1 The two major issues emerging from the Phase I pilot and requiring to be

incorporated into future strategy were:-

• The need to classify inspected memorials in a systematic and proportionate way. As in any scenario, accidents could still happen, but the risk based inspection policy adopted appropriately balances the relevant factors.

• An immediate need to identify and remove the risk to public safety presented by

those memorials considered to be �highly unstable�. 4.2 It was therefore decided to undertake an inspection of all 17,500 upright standard

memorials across all of the Council�s directly managed Cemeteries, as quickly as possible, using simplified communication and inspection procedures.

4.3 This was intended to achieve the primary objective of identifying and responding to

the highly unstable memorials in a timely and proportionate manner. 4.4 This initial sweep of Cemeteries commenced in February 2005 and was completed

in July 2005. 4.5 From an estimated total of 17,500 upright memorials, 446 were found to be in a

�highly unstable� condition which represented 2½%, i.e. 1½% above the figure anticipated following the pilot.

4.6 It also became apparent that up to 20% of the 17,500 upright memorials were likely

to be classified as �unstable� during the next round of inspections. 4.7 Certain budgetary principles were established prior to the delivery of Phase II, these

being:-

• Memorials safety costs should not present any increase in the net cost of the service to the Council Tax Payer.

• Memorial safety costs should not generate an unrealistic demand on the

Bereavement Services Reserve Fund.

• The budget must reflect the public and political sensitivities that this issue raises.

4.8 It was therefore determined to ensure that the management and operational costs

associated with Phase II and any future programmes would be considered as part of the core costs of the provision of Bereavement Services.

4.9 The Phase I pilot had already indicated that a significant cost in officer resource

could easily be committed in trying to trace and secure the reinstallation of unstable memorials through the relevant owner, recognising that where this fails, the Council are ultimately responsible for the public safety issue.

4.10 A decision was therefore taken which removed the cost of repairs from memorial

owners and resulted in the Council directly resourcing the reinstallation costs of

memorials identified as requiring attention as part of Phase II and future inspection programmes.

4.11 Financial authority of up to £65,000 per year was agreed by Cabinet (Resources)

Panel in March 2005. 5.0 PHASE III 5.1 Both the initial pilot and the Phase II exercises have contributed to the development

of a Phase III strategy. 5.2 The main objective of the proposed strategy is the use of a targeted approach to the

re-inspection of all 17,500 upright memorials on a frequency that relates to their type, age, condition and risk etc.

5.3 Clearly, as the inspection programme progresses, further memorials requiring

attention will be identified. These should not represent the same level of risk as those identified in Phase II but will nevertheless be categorised as being of unacceptable risk to leave without making safe.

5.4 As previously mentioned, it is anticipated that up to 20% (3,500 memorials) will

require repair over the next ten years. 5.5 The safety and inspection of larger memorials and monuments is not covered within this policy document 5.6 The phase III programme will commence during 2006 following completion of repairs to the memorials identified as being �highly unstable� during phase II.


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