In an attempt to enforce the Churchyard Regulations, the incumbent and churchwardens applied for a faculty for the removal of items unlawfully introduced around 67 graves within the churchyard, including ornaments, chippings, kerbs and lights. The Churchyard Regulations permitted the placing of toys or similar ornaments on graves for a period of twelve months after the interment but required their removal by the family or incumbent thereafter. The chancellor reviewed the relevant law and confirmed that, if an appreciable time had passed after the twelve-month period had elapsed, then the authority of a faculty would be required for the lawful removal of the items. Parents of children buried in some of the relevant graves objected strongly to the removal of the unlawful items, indicating that some such items had been in place for as long as 15 years without complaint or removal. It was argued that it would be in breach of those parents' rights under Articles 8 and 9 of the European Convention on Human Rights to require the removal of the items placed by the graves. The chancellor referred to the decision in Jones v UK [2005] ECtHR 42639/04 and concluded that neither Article 8 nor Article 9 was engaged in this case. In granting the faculty, the chancellor observed that a failure to enforce the Churchyard Regulations created a grave danger of very real pastoral upset occurring in the future, even when an original turning of a blind eye may itself have taken place for seemingly good pastoral reasons. [RA]
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