The purpose of this letter is to draw attention to concerns that have, once again, arisen about the way in which action in some cases has been taken to deal with unstable or dangerous memorials in public cemeteries. This is a matter on which Bill Callaghan wrote to all local authority Chief Executives on 1 June 2004.
Burial authorities provide an essential service for their communities. Many people still place great store in being able to bury their relatives in local cemeteries, and derive much comfort from knowing that the remains rest in a particular location which they can visit. In most cases, families will also wish to place a gravestone or memorial to their relative on the grave. It is what both the bereaved and visitors to a cemetery expect.
We know local authorities are well aware of the duty they have to ensure the safety of all areas for which they are responsible and to which the public have access. Managers have been taking proportionate action and that includes in respect of graveyards. Detailed advice on what they should do has been issued by various professional and representative bodies, and most recently by the Local Government Ombudsmen. As a result, many managers have been systematically assessing headstones in their cemeteries and taking action to minimise risks to the public and others.
Unfortunately, from the individual cases that have been brought to our attention, it would seem that it is still the case that a few authorities have acted precipitously. Flattening a memorial may cause great offence and upset and should only be done where really necessary for public safety. Even warning signs and temporary supports, if garish or insensitively installed, can have a detrimental effect and appear to disregard the feelings of bereaved people and the wider community.
It is, of course, important for those who manage burial grounds to take seriously their responsibilities for health and safety. However, the risks also have to be considered in context. Although the risk associated with unstable memorials is real and cannot be ignored, the number of accidents involving memorials known to HSE is low, despite the very large number - perhaps millions - of memorials which exist. The Health & Safety Commission recently issued a set of key principles about sensible risk management which, amongst other things, emphasised the need to balance benefits and risks. Further information can be found at www.hse.gov.uk.
Although managers will need to take practical steps to discharge their responsibilities, it will be important for authorities to approach the task in the right way. This means that authorities should always bear in mind:
If authorities can proceed on a basis of partnership with their communities, public support and confidence is likely to be retained and unnecessary distress and costs avoided, without compromising health and safety responsibilities.
Phil Woolas
Harriet Harman
Lord Mckenzie of Luton
Bill Callaghan
Councillor Lord Bruce-Lockhart of the Weald