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Re All Saints, Darton

Leeds Consistory Court: Hill Ch, 1 June 2022 [2022] ECC Lee 2 Memorial inscription – parish policy – ‘good cause or exceptional reason’

Published online by Cambridge University Press:  05 January 2023

David Willink*
Affiliation:
Deputy Chancellor of the Dioceses of Salisbury, Saint Albans and Rochester
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2023

The petitioner sought a faculty for an inscription on a cremation plaque. It did not comply with the parish's policy limiting the amount of text inscribed on a plaque to the names and dates of the deceased, together with a short biblical quote or words of comfort.

The court referred to the ‘merits-based’ approach commended in re St Giles, Exhall [2021] EACC 1. A merits-based approach included the consideration of wider pastoral concerns which might arise from the grant or refusal of a faculty. Where a policy has been conscientiously applied in the past, it did not fetter the discretion of the incumbent or the court; but it would be unjust for it to be over-ridden save for good cause or exceptional reason, and there was no good cause or exceptional reason in the present case. The court invited the petitioner to accept a shortened inscription (albeit one which still breached the parish's policy), in default of which the petition would be dismissed. [DW]