Report of Registrar of Cemeteries

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MANSFIELD DISTRICT COUNCIL
Report of Registrar of Cemeteries
To
Head of Neighbourhood Services
On
27th January 2016
PROVISION OF MEMORIAL RAFTS FOR MANSFIELD DISTRICT COUNCIL
CEMETERIES
1)
SUMMARY
This report seeks to gain approval for the purchase of memorial rafts for all new
graves within Mansfield District Council’s cemeteries as per the terms of the fees
and charges made for purchasing Rights of Burial.
Key Decision – this is a key decision because the revenue costs are in excess of
£50,000.
2)
RECOMMENDATIONS
To be Resolved by Head of Neighbourhood Services as per 13.02 in the Scheme
of Delegation and under 1.17 of the delegated powers of Heads of Service to have
responsibility for the management of the departmental budget/trading account.
(i)
To approve the acquisition of the memorial rafts for the following 24 month term.
3)
BACKGROUND
3.1
The Mansfield District Council has four cemeteries for which it has
Responsibility – Mansfield, Mansfield Woodhouse, Warsop and Pleasley Hill.
3.2
Within these cemeteries and many others throughout the country, there are
numerous memorials where over the years fixing methods
have been of varying standards which has resulted nationally in a need for local
authorities to adopt a more pro-active approach to ensuring that memorials are as
safely fixed as possible on as firm a foundation as possible.
3.3
Also over the years families attitudes to what they wish to place on
graves have altered and become far more personal which in turn can
lead to both maintenance issues and also encroachment on what in the
past has been unclear demarcation of individual graves.
3.4
In 2010 Mansfield District Council cemeteries commenced providing
memorial bases which spanned the full width of a grave space, helping
to clearly define a families area for placing mementoes, reduce the
need to strim between graves thus giving a cleaner look to the
cemetery and most importantly providing a firm landing on which
families could have memorials installed.
3.5
In 2011/2012 at the time we moved to a single fee for residents and
non-residents it was agreed that the fee would include an element for
provision of a memorial raft which the authority would supply. This
continues to be the case.
3.6
This system has been successful in both ensuring families have a
clearly defined grave space, secure and solid base to affix memorial
stones and a place to safely place any personal mementoes they may wish,
whilst still allowing the cemetery staff to maintain the sites.
3.7
On tendering for the rafts the Local Authority’s procurement process
has been duly followed and the 24 month term of the contract has resulted in a
sum of £52978 which is supported by current budgets.
4)
OPTIONS AVAILABLE
(a)
Agree to the recommendations of the report (preferred option)
(b)
Not to progress with the purchase and have to return to unsecure foundations and
unclear boundaries for grave ownership.
5)
RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS
Risk
Financial
Reputation
Health and Safety
Risk Assessment
Abide by the terms
of the purchase of
the Rights of
Burial and utilise
moneys that are
being collected
and are within the
budget.
To renege on the
terms of the
purchase rights
would damage
reputation of local
authority
To provide the
stability of sturdy
memorial rafts
would help to
ensure that
Risk Level
Medium
Risk Management
Agree to the
recommendations
contained within
the report.
High
Agree to the
recommendations
contained within
the report.
Low
Agree to the
recommendations
contained within
the report.
memorials were
safely fixed by
reducing uneven
and fluctuating
ground conditions
6)
ALIGNMENT TO COUNCIL PRIORITIES
In accordance with the Council’s Corporate Priorities and Asset management Plan
the Local Authority has to ensure its land and property assets are used effectively
for the delivery of the services it provides. Cemeteries are an asset which it is
essential to maintain in a manner that provides and adheres to our commitment to
provide a high quality service, providing green space that ensures that provision
has been made to create areas that are safe to erect memorials on as well as
providing clearly defined grave space boundaries.
7)
IMPLICATIONS
(a)
Relevant Legislation - Responsibility for the overall safety (duty of care) within a
burial ground lies with the burial authority, which has responsibilities under the
Health and Safety at Work Act 1974 and the Occupiers Liability Act 1957 to
ensure that, as far as reasonably practicable, their sites are maintained in a safe
condition
Local Authorities’ Cemeteries Order 1977. Subject to the provisions of
this order a burial authority may do all such things as they consider
necessary or desirable for the proper management, regulation and
control of a cemetery.
(b)
Human Rights – The Human Rights Act 1998 is not infringed as an individual is
not directly affected by the recommendation.
(c)
Equality and Diversity – It is considered that the proposed actions are fair and
equitable in their content and are not discriminative.
(d)
Climate change and environmental sustainability – No implications on the Council.
(e)
Crime and Disorder – No implications on the Council.
(f)
Budget/Resource – is aligned to the fees and charges being made.
8)
COMMENTS OF STATUTORY OFFICERS
(a)
Interim Chief Operating Officer – As head of paid service I have no specific
comments.
(b)
Interim Monitoring Officer – The Head of Neighbourhood Services has sufficient
authority to make the decision proposed in this report.
(c)
Section 151 Officer – There is financial provision within existing budgets.
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