A Co Down man banned from own grave can be buried after all says council

Relatives of 94-year-old Campbell Mulholland, who died on February 2, had been left distraught when updated grave size regulations halted his interment alongside his beloved wife and baby son.

Mr Mulholland’s wife Peggy, who passed away in 2003, was buried in the plot that was deemed adequate for up to four coffins prior to the regulation changes introduced in 1992.

He had expected to be buried in the family plot in Clandeboye cemetery he purchased in 1967 following the death of five-month-old Kenneth.

Mr Mulholland’s family say they were only advised of the situation 24 hours before his funeral.

His niece Donna Cole said her uncle’s remains were taken back to the morgue following his funeral and he remains unburied.

“I couldn’t believe what we were hearing. My uncle was a man of absolute integrity, he looked after his friends and family, worked as a milkman all his days and asked nothing of anyone,” Ms Cole told Belfast Live.

“Clarke’s Funeral service offered to try to get a coffin that measures 11.5 inches with the hope that my uncle would fit in it. But the council says it would have to be 11 inches to stay within the rules, meaning we’re fighting over half an inch of space.

“Where has humanity gone in Northern Ireland? What has happened that an old gentleman cannot be buried in his grave with his wife and baby for the sake of half an inch of soil? It’s heartbreaking.”

Ms Cole added: “When Peggy died in 2003, she was buried in the family plot with Kenneth, and Campbell expected to be with them one day. So to think of him now separated from them is indescribable.

“He got comfort from the fact they’d be buried together but now he’s not allowed to be anywhere near her or their son. He’s lying alone in a coffin in a morgue. It’s undignified, unfair and unnecessary.”

DUP MLA Alex Easton said: “I am horrified and deeply angry to discover that people who have bought grave plots for their loved ones or even for themselves for the future to accommodate a certain number of burials are now discovering that in some cases they can’t use the grave for the last person as they do not have enough room, despite buying their grave plots in good faith from the council.

“What is even more shocking is that families are in some cases being told the day before their loved one is allowed to be buried that they cannot be buried in that plot”.

A spokeswoman for Ards and North Down Council said that a change to a more shallow coffin, and the substitution of heavier soil with a lighter loam soil, will allow the Mr Mulholland’s burial to take place in due course.

“I can now confirm that, as of this afternoon (16 February), measures are in place for the burial of Mr Mulholland to proceed in his preferred resting place,” she said.

In a statement, the council also the issue could be relevant to many other families who are not yet aware of potential difficulties.

It said: “Ards and North Down Borough Council, and indeed all councils in Northern Ireland, are bound by the Burial Ground Regulations (Northern Ireland) 1992, which detail strict guidance in terms of the functions of a council in relation to its burial grounds.

“Extract from Burial Ground Regulations (Northern Ireland) 1992 (Burial, Schedule 1, Conditions of Burial, Points 5-7);

• A person shall not cause or permit a body to be buried in a grave in such a manner that any part of the coffin is less than 1 metre below the level of any ground adjoining the grave.

• A council may, where it considers the soil to be of suitable character, permit a coffin to be placed not less than 70 centimetres below the level of any ground adjoining the grave.

• A person shall not cause or permit a body to be buried in a grave unless the coffin is effectively separated by means of a layer of earth not less than 15 centimetres thick from any coffin previously interred in the grave.

• When a grave is re-opened for the purpose of making another burial in it, a person shall not disturb any human remains interred in it or remove from it any soil which is offensive.

“Regrettably, by law we do not have any leeway around this legislation and as such must abide by these Regulations.

“At the time of purchase, Council graves are not sold with a guaranteed occupancy as ground conditions vary in cemeteries and we cannot always confirm that a grave can accommodate a further coffin without testing for depth. We offer a depth testing service which can be requested at any time by a grave owner for which a charge is applied (£110) to provide greater reassurance prior to a family member passing should grave owners wish to avail of it.

“We accept that incidents such as this are distressing for families at what is already a difficult time, however, we will always do our utmost to try to find a solution that the family can accept.

“From the outset of this very difficult situation, Council have been working to try to find a solution for Mr Mulholland’s family.”

The council spokeswoman said that although a suitable resolution had been found in this case, it will not be possible to resolve all similar problems in this manner.

“Due to a range of factors, we must take a case-by-case approach,” she said.

“In this instance if we had performed a standard burial, we would have been 39cm (not the 1.2cm or 1/2 inch that was previously reported) outside of the regulations.

“Therefore, in this case there has been a change from a standard size coffin to a shallower coffin, and in addition to the change of coffin size, we are removing heavy soil from the grave and replacing it with a lighter loam soil. This solution will allow us to meet the family’s needs and to comply with Burial Ground Regulations (Northern Ireland) 1992.”

The spokeswoman added: “Thank you for highlighting this issue as it is something that will affect every council area in Northern Ireland, not just Ards and North Down. As you can imagine it would be very difficult to make contact with every person that has purchased a grave from Ards and North Down Borough Council as in some cases, sadly, the person who purchased the grave will have passed away and we hold no further contact details for next of kin.

“If others read your story and believe they may be in a similar situation, we would urge them to make direct contact with their relevant council for more information.”

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