Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-22T07:41:15.021Z Has data issue: false hasContentIssue false

Re St Michael, Tilehurst

Oxford Consistory Court: Bursell Ch, April 2011 Deceased infant – teddy-bear-shaped memorial – pastoral considerations

Published online by Cambridge University Press:  11 August 2011

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
Rights & Permissions [Opens in a new window]

Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2011

The petitioner, whose child had died aged six months, sought a faculty permitting the introduction of a memorial, the central section of which would incorporate a detailed teddy bear embracing its top and side. The grave was situated in a part of the churchyard primarily used for children's and babies' burials. A number of memorials that did not comply with the churchyard regulations had already been introduced, though there were no other teddy-bear-shaped memorials. Despite recognising the very strong pastoral considerations involved, the chancellor held that the petition had to be decided in a wider context. Previous petitions seeking to introduce teddy-bear-shaped memorials in the diocese had been refused. If the proposed memorial were allowed, not only would that be a precedent for other such memorials but other grieving parents elsewhere in the diocese would be hurt and aggrieved by the decision. The chancellor applied the reasoning of Tattersall Ch in Re St Andrew, Dacre (2011) 13 Ecc LJ 119: an applicant's own assessment of what was a worthy memorial could not weigh heavily in determining what should be permitted; otherwise there could be no effective system of regulation of memorials in churchyards. A memorial could not be justified simply because it was said that it would meet the pastoral needs of the deceased's family. The petition was accordingly refused, the chancellor indicating that he would permit a small, coloured engraving of a teddy bear in one of the bottom corners of a normally shaped memorial, were the petitioner to seek permission for that. [Alexander McGregor]