Marker stone sited on wrong grave.

[footymum]

Not sure if this is the correct topic but does anyone know our legal rights concerning a really upsetting matter.
My Grandparents passed away within 6 days of each other and as a family we decided to have their ashes buried in a joint grave at our local church so that we could visit regularly and lay flowers (Grandad's ashes box placed on top of my Gran's)..we have recently had a beautiful marker stone made and engraved which we had to pay the chuch a considerable sum for allowing us to place on their grave,when the marker was placed I was on holiday and the church Warden just left a message on my answer phone to tell me it was now in place) when I went to the church the morning I got home,I was devastated to find that they'd put the stone on an empty plot and not on our family plot,I contacted the warden (no Vicar in Parish since June) and he said that the stone was in the right place as that's what the church 'grave plans' said..he suggested that we start placing flowers where the new stone is,but we know that it's in the wrong place,as a family we've visited at least twice a week and know full well where our loved ones are buried..we're being fobbed off with the 'grave plans' excuse and really need some guidance..I can't concentrate on anything whilst this is happening,the flowers are now dead on what we know is their grave and my Dad has started to become very withdrawn and depressed...can anyone help us?? thank you..footymum

[Stu Dent]

Legally, I would guess that your remedy will exist in either contract law or consumer law since, on the face of it, you have paid for a service which has not been delivered as requested.

You might want to go down that road later, but I think in the first instance you would be best to contact your local authority who will ultimately be in charge of your graveyards and crematoriums. They should be able to help.

The plans are either wrong or the warden doesn't understand them, or worse still, perhaps your grandparents were buried in the wrong place. Either way, it is clearly unacceptable to have you place flowers on an empty plot. The council should be able to have the warden relocate the marker stone to where you know it should be.

If the council drag their feet contact your councillor and MP (or MSP). Court action should not be necessary.

[joko]

sorry to say it but are you 100% sure that in your grief you focussed on the wrong place on your second visit?

I know only you will know this, but we had terrible trouble finding my nans headstone, as we all had different recollections of the spot - some remembered a nearby tree, some a path, etc - we eventually found it but some of us were totally wrong - had their been no stone we could easily have mixed up the plots...

[footymum]

Thanks for your reply joko,it's really appreciated...no,there's no chance of my family being mistaken,the day their ashes wer interred we placed a 'Grandparents' vase on the centre of the plot which is filled and watered at least twice a week,also,their plot is right in front of an air-vent which leads right into the church,the Vicar even pointed this out to us when he buried their ashes as he told my children it was so that the church mice could peep out and keep an eye on their Great Grandparents...kind regards..footymum

[footymum]

Stu Dent...many thanks for your reply...very helpful and much appreciated by all my family...I'll post another response as soon as anything else happens...kind regards..footymum

[dot.hawkes]

contact the diocesan office immediately and ask for the matter to be looked at.

[Stu Dent]

Your more than welcome, footymum. I'll keep a lookout for developments.

I wish you all the best of luck.

[Stu Dent]

Good advice from Dot, by the way. Between the Archdiocese and your local authority, you should get satisfaction without the hassle and expense of seeking court action.