Purpose

(i)           To provide Cabinet Member with an overview of the statutory process by which Church of England churchyards become formally closed, and the associated transfer of maintenance responsibilities to the local authority.

(ii)            To inform the Cabinet Member that St Luke's Churchyard, Crosby, is progressing through the statutory closure process and, subject to approval by the Ministry of Justice, Sefton Council will assume responsibility for its ongoing maintenance and public safety.

(iii)          To seek the Cabinet Member's endorsement of the proposed approach to managing the transfer of responsibilities.

Decision

Decision(s):

1. The statutory process by which Church of England churchyards are formally closed through an Order in Council made by the Ministry of Justice, be noted.
2. Following closure, the relevant local authority become responsible for the maintenance and management of closed churchyards under Section 215 of the Local Government Act 1972, be noted.
3. It be noted that St Luke's Churchyard, Crosby, is progressing through the statutory closure process and that, subject to the necessary approvals, responsibility for its maintenance and public safety will transfer to Sefton Council in due course.
4. It be noted that Support Bereavement Services in continuing to work collaboratively with the Diocese of Liverpool, the Parochial Church Council and other stakeholders to ensure a smooth and compliant transfer of responsibilities within an agreed timeframe.
5. It be noted that Bereavement Services will undertake condition assessments, establish an ongoing inspection and maintenance regime, and incorporate the site into the Council's existing memorial safety and grounds maintenance programmes.
6. It be noted that that any financial implications arising from the transfer of responsibilities will be assessed through the Council's established budget monitoring and service planning arrangements.

Reasons for the recommendation:

The closure of a Church of England churchyard is a statutory process led by the Diocese and authorised by the Ministry of Justice through an Order in Council.

Once a churchyard is formally closed, the relevant local authority assumes a statutory duty under Section 215 of the Local Government Act 1972 to maintain the churchyard and manage public safety.

As this process has not previously arisen within Sefton Council in recent years, it is appropriate that Cabinet Member is informed of the legislative framework, the Council's future obligations and the operational implications.

St Luke's Churchyard, Crosby, is now progressing through the closure process and, subject to the necessary approvals, Bereavement Services will manage the transition in partnership with the Diocese and other stakeholders to ensure a smooth transfer of responsibilities and continued appropriate management of the site.

Alternative options considered and rejected:

N/A