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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to know if I have any case against a Parish COuncil

Customer Question

I want to know if I have any case against a Parish COuncil regarding my fathers burial headstone
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: Before my father was buried I obtained a copy of the Cemetery regulations. It did not stated that kerb surrounds were not allowed. Adjacent plots have kerb stones. I paid extra to have him buried out of area so I could have the head and kerb stones. I ordered these at several thousand pounds. The parish council have refused permission to have the erected, stating that they banned kerb stones some 30 years ago and have never updated the regulations - although other things in there have been updated. Im not sure where I stand
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Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I complained to the Parish Council but they wrote saying as the rule to ban headstones had not been overturned it still stood, even though it had not been made public at any time during the past 30 years.. I have lived in the parish for over 25 years and had never heard they were not allowed. They also wrote that as kerbs weren't specifically mentioned - they were obviously not allowed by omission !!
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Did they say why they hadn't updated the regulations?

Alex

Customer: replied 1 year ago.
it was overlooked, although other things have been updated in the regulations since that time
Expert:  Ash replied 1 year ago.

OK - what is it you want to achieve yourself?

Customer: replied 1 year ago.
I want to put the Kerb stone surround on my fathers grave with the head stone. The Parish Council have refused tp issue a permission notice for it to be erected and now the stone mason doesnt know what to do ..... neither do I !
Expert:  Ash replied 1 year ago.

Ok. You need to write and make a formal complaint and outline your position.

If they refuse to do anything you can complain to the Local Government Ombudsman.

They will consider your complaint and are independent. They can be contacted at: www.lgo.org.uk

You can also consider a Judicial Review which is where the High Court examines the decision and sees whether its legal and reasonable.

A court can either agree with the decision or remit it back for further consideration

Details about Judicial Review can be found here:
https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?
Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

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