Chloechadwel

[echat11]

Just thinking 'outside of the box', I know you will keep it polite and considered, most Councils are on Trustpilot. If they aren't start one.

Make a complaint there. That you wanted information for a paid for family burial site, the council has 'stone walled' and resisted instead of providing the information which they should make available to you, if they have been conducting their work and obligations by the laws that prevail.

[Chloechadwel]

Good morning,
Just a little snippet of information with reference to the council’s attempts to prevent myself and my family from obtaining relevant and formally recorded information.

Obviously, to clarify certain aspects of my late family members interments etc. I requested a public viewing of the cemetery burial register.
I was refused this polite request, and given the reason that the register contained private information related to other burials etc.!

I did however, receive, by email, a ‘dubious ‘ copy of my family’s entries in the register, unfortunately the unclear entries omitted to show the name/s of the council staff members responsible for entering the burial details in the register!
All very very secretive!!!

My present requests to view the burial register are being completely ignored by the cemetery manager.

To confirm, members of the public are entitled to view cemetery burial registers free of charge.

Stay safe,
chloechadwel.

[Chloechadwel]

Hello ECHAT11,
Thank you for the new information.
I was not aware of the ‘Trustpilot’ approach.
Will give it a go, I’ve got nothing to lose.

(At present I feel like I’m wading through treacle!).

Thanks again for your input, very helpful.
Stay safe.
chloechadwel.

[Chloechadwel]

Just a short update.

The council staff are now completely ignoring my emails.

From my previous experience I don’t know if it will be worth complaining to the LGO.
Unfortunately the organisation is seriously not fit for purpose.
From their handling of my first complaint it became extremely evident they did not want to know the truth and were all for ‘believing’ the council’s blatant lies, completely ignoring my proof/evidence to the contrary.

Is it correct that the LGO organisation is funded by the taxpayer?

[echat11]

Just a short update.

The council staff are now completely ignoring my emails.

From my previous experience I don’t know if it will be worth complaining to the LGO.
Unfortunately the organisation is seriously not fit for purpose.
From their handling of my first complaint it became extremely evident they did not want to know the truth and were all for ‘believing’ the council’s blatant lies, completely ignoring my proof/evidence to the contrary.

Is it correct that the LGO organisation is funded by the taxpayer?

Quite a bit of info on this webpage, some people you could contact -

https://www.lgo.org.uk/information-c...rds/commission

[Chloechadwel]

Good morning, with reference to all the above information I need to know with one hundred percent certainty etc that my local council have absolutely no legal right to ban myself and every one of my family members’ from accessing any information related to our family cremated remains grave.

I have been informed by a member of council staff that the length of the ban is indefinite.

The council instigated this complete ban by falsely accusing me of sending ‘vexatious’ requests!!!

Examples of my genuine requests were,
I asked to be given the original measurements of the grave.
I asked be shown the exact placing of each individual family member’s interment.
I asked for the date the council changed the original availability for four allowed individual interments to the present allowed three individual interments.
I also asked to be given confirmation of the maximum size of a casket allowed for an individual interment.
All the above information requests were either completely ignored or denied .
Before I contact the police, I need to know, without any doubt, that
the council have no legal right to enforce this ‘ban’.

The council themselves are completely ignoring my emails in which I have requested confirmation that their ‘ban’ is one hundred percent legal.

The grave is leased for fifty years.

To confirm my late mother purchased the lease from the local council.

Thank you.
chloechadwel.

[Chloechadwel]

Hello
Kindly asking for 100% confirmation again of my legal rights.

Can the council legally deny a personal viewing of the burial ledger/register?
The local council are using every excuse/reason possible to avoid allowing myself and my family a personal viewing of the cemetery burial register.
As is the norm the council are ignoring my requests for confirmation that public viewings are legally permitted.
Thank you.
chloechadwel.

[echat11]

This is what the Council should be sticking too:

LACO 1977 places a number of obligations upon burial authorities. (page 2 / 3 - link above)

Maintain a record of burials
Maintain a plan showing the number and location of each grave
Maintain a record of the granting and transfer of exclusive rights
Issue Deeds of exclusive rights
Maintain a record of exhumations
Store all records securely to preserve them from loss or damage'

The family burial plot is leased to you for 50 years.

The Council are saying they won't give you the information you seek on your family burial plot.

There is 'no rhyme or reason' why the Council should be withholding that information form you, unless something has gone wrong at their end.

You have paid for that burial plot so you have the right to all the information with regards to it.

As I said previously the important bit is the information the council has. Have you tried asking CAB if they can help you in this regard?

[Chloechadwel]

Thanks ECHAT 11,

Yes, I can assure you one hundred percent that something has definitely ‘gone wrong’ at their end !
The unauthorised removal of my late uncle’s remains from his final resting place in plot two of the family cremated remains grave!!!
Which they are desperately attempting to cover up!

The CAB will no doubt refer me back to the LGO or ICO.
I think I have no further alternative but to take a massive leap of faith , contact the police, and hope that they will take my information and photographic proof seriously.

ECHAT11, thanks again for your patience and helpful information and advice. Much appreciated.
chloechadwel.

[Chloechadwel]

Good morning, (ECHAT 11 are you out there?).

Slowly getting there with unauthorised exhumation situation.

One of the main obstacles I am experiencing is that the council continually are continually ignoring my requests for copies of their alleged ‘lengthy investigations’ into the unauthorised exhumation of my late family member. Of course, after this covert alleged lengthy investigation the council stated the exhumation did not happen, so case closed!!! This alleged investigation was carried out without any witness interviews !!!.
HELP!
The ICO themselves are refusing to confirm if during their investigations into the council’s fabricated accusation of ‘VEXATIOUSNESS’ they received a copy of this alleged investigation document.
So in a nutshell, the present problem is the council completely ignoring my polite requests to be given a copy of their alleged lengthy investigation into the illegal act of unlawful exhumation.
To clarify, this act was deliberately carried out by two members’ of the cemetery staff.
Thanks in anticipation.
chloechadwel.

[Chloechadwel]

PS.
The council are still ignoring my ‘always polite’ requests to carry out a personal viewing of the burial register.
chloechadwel.

[des8]

Just read through your thread for the first time, and as your concerns are really caused by the illegal exhumation of uncle's remains I would not hesitate to make a complaint to the police, as it is a criminal act punishable by a fine

Go to them with a copy of the Burial Act 1857, which covers this situation.
References to "remains" includes cremated remains.
A layman's account of what was required (if your own council don't publish such a guide) can be found here:
( https://www.calderdale.gov.uk/v2/sit...egislation.pdf)

[Chloechadwel]

Hello DES8,
Thank you for your input.
The council are using the reason/excuse that as they have not applied for any of the required documentation, the exhumation could not possibly have taken place!!!!!

The council state they have carried out a lengthy investigation into my accusation of unauthorised exhumation, but are completely ignoring my requests for a copy of the documentation gathered during this alleged investigation.

To clarify, the council investigation did not involve myself or any of the other family members’ that witnessed this deliberate desecration.

I feel I now have no further options other than to go to the police with all the proof, even though they, (the local police), are often referred to by residents as the council’s lapdogs!!!
This is why I am trying to confirm all my legal rights before I contact the police , as I don’t want to be fobbed off by them and the council taking advantage of my lack of knowledge regarding the law.
Any further information will be gratefully received.
Thanks again,
chloechadwel.

[des8]

It might (repeat might) be possible to make a civil case against the council for distress caused by the unlawful disturbance of the remains.

You would need to show that distress was caused, and that emotional distress was not the kind of distress that we experience as an ordinary part of life.

I don't know of any cases where this has happened (must do some research!) and it will be stressful if you decide to use this route

[Chloechadwel]

Good morning,

Clarification of the situation.

The council are point blank refusing to arrange any kind of meeting with the two cemetery operatives responsible.

The council are also ignoring all my polite requests to meet a member of council staff at the family cremated remains grave.

They are also ignoring my requests to be given confirmation of EXACTLY where my late family members’ remains are interred in the family grave.
(Each family interment has an individual plot).
The grave was purchased from the council for the purpose of 4 separate cremated remains burials. Unfortunately it appears that the council, at the time of the original ‘construction’, made a massive blunder, and the grave does not have enough space to be able to support 4 individual interments! Hence the covert recycling of my late uncle’s final resting place!!!

To again confirm, they are also ignoring my requests to personally view the burial register.

At the moment, it appears that the council’s mantra is ‘When in doubt say and do nowt’.

Thanks,
chloechadwel.