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.