Bethel Sketty Cemetery
Preserving the History and Legacy of Bethel Sketty Cemetery
Legal Issues
The Friends of Bethel Sketty Cemetery have been asked what should happen if anyone is seen removing headstones or carrying out work at the cemetery such as digging or construction work. We have also been asked about the obligations of any new owners.
What should a person do if they suspect any kind of wrong doing within a cemetery.
Any kind of interference to a grave or cemetery is in breach of section 25 of the Burials Act 1857. If anyone sees a grave being tampered with or believes unauthorised works are being carried out, they can contact the police. We would advise against directly challenging the person/persons. Allow the police to investigate.
It is illegal to remove a headstone without good cause and without the proper permission.
Police: 101 (or 999 in an emergency)
Here are some links to report issues:
Report a Crime: https://www.south-wales.police.uk/ro/report/ocr/af/how-to-report-a-crime/
Swansea Planning Enforcement : 01792 635701
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Owners
Owners of cemeteries have to adhere to a number of UK laws. Being an owner of the land doesn't mean they can do whatever they like. They must obtain approval from the local planning office before carrying out works. All cemetery owners should allow access for relatives and friends to visit their loved ones' graves.
Below is a list which we understand any new owners of Bethel will need to comply with:
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a. Those who have legal rights to a burial plot should have their contracts honoured otherwise there will be a breach of contract. Legal action can be taken against the owners. Such legal action could either be taken individually or others can join together and take collective action.
Given the nature of the contract, the person with the rights of burial could potentially sue for the current value of the plot, associated costs of a burial at another cemetery and also claim compensation for emotional distress.
b. Not deny anyone their legal right to be buried or have their ashes interred within their family plot. If this right is denied, claims can be made against the owners. This can include full costs of a burial at another cemetery and compensation for emotional distress.
c. If there is a perpetuity contract in place the plot should be maintained by the Trustees. If not legal action can be taken for breach of contract. If the plot has been damaged due to neglect of the contract, then a claim can be made for the full cost to repair damage and claim for any emotional distress caused.
d. If any headstone is removed without proper authority, this will be deemed as being neglectful and showing disrespect to the honour of those buried and their family members. In such a case legal action can be taken and claims made to rectify the damage at the Trustees ’ expense and a claim for compensation for for the emotional distress caused. It may also constitute a criminal offence under section 25 of the Burials Act.
e. Legal action will be taken against any future use of the cemetery for any purpose other than burials/interment of ashes where this contravenes historical covenants attached to the land.
f. All Commonwealth War Graves (CWG) are protected in law and in perpetuity. All laws governing the upkeep of such graves will be complied with. If any CWG is deemed to be neglected, action will be taken by the CWG Commission. Commonwealth War Graves are sometimes private or family plots but the majority are those recognised by white
headstones. Access to all CWGs must be maintained by law.
g. If access to the cemetery is restricted due to paths being neglected, etc, legal action can be taken against the Trustees.
h. If the cemetery is not maintained to the standard required by law, legal action can be taken against the Trustees.
i. Any restriction or denial of access to graves or the ability to honour the dead, would cause adverse publicity against the Trustees as well as the possibility of legal action. It could be regarded as disrespecting those who are buried in the cemetery and showing disregard to families, the local community and other groups such as veterans, military groups as well as the Chinese Community.
j. Bethel Sketty Cemetery has much wildlife and some are protected species. Any owner needs to ensure they do not disturb their habitat. To knowingly disturb habitat may result in legal action being taken.
l. Bethel Sketty Cemetery has Japanese knotweed which needs attention. This must be a worry to the many nearby neighbours.
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The above is based on our understanding of the law. We are not legal experts, so please seek independent legal advice before you take any action.