Middlewich Cemetery Board hits back in battle for control

Middlewich Town Council believes Middlewich Cemetery Board is acting without authority and wants to take back control of the site – having been unable to find a constitution proving the legal basis on which the board is able to run following a lengthy investigation by clerk Lisa Benskin.

Now, the chairman of Middlewich Cemetery Board has written to Ms Benskin in response, insisting the two parties have always existed independently and calling for an agreement to be reached.

In the letter, Simon McGrory said: “It suits no one or no purpose to engage in anything other than sensible discussion in private between both parties.

Simon McGrory

“We look forward to hearing from you in a positive manner and we hope you find this email in the spirit it is intended, that is to share some of the information we have for you to understand the board as an independent body [that] has always operated free from council control.”

Mr McGrory says there has been ‘no separation from the town council’ because the cemetery board never operated as part of it in the first place – pointing to reference of the board being the town’s burial authority by the former Congleton Borough Council and the Cemeteries Order 1977, which he suggests ‘makes it clear’ boards like Middlewich can run as burial authorities.

He also says that having contested the 2019 election on a mandate to take control of the cemetery, Middlewich Labour is now ‘creating and flaming a hostile nature in the town that assumes the board are acting illegally’, including through the inquiry into complaints about the cemetery and on social media.

Mr McGrory claims that in his last correspondence with the town council in June 2020, it was agreed with Ms Benskin that should no constitution be found in her investigation, then ‘the best method would be for a collective agreement to write a new document to allow the board to continue’.

However, Ms Benskin has refuted the board’s claims over control of the cemetery.

Lisa Benskin

She told the Guardian that there are ‘years’ worth of minutes’ from council meetings that listed the cemetery board as a committee of the town council, while the Cemeteries Orders 1977 is not relevant, and land that was subject to planning applications submitted by Middlewich Cemetery Board was in fact owned by the town council.

Ms Benskin said: “There are a large amount of inaccuracies in the response, but nothing which changes the position that the council is the burial authority and has not provided permission for three former councillors and a resident to run the cemetery.

“The cemetery board has chosen not to return the cemetery’s assets as requested and as such it appears legal action will be the only option if they continue to fail to co-operate.”

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A Middlewich Labour spokesman added: “The evidence collected and presented by the clerk has been done so independently and meticulously.

"The only agenda Middlewich Labour follows stems from our constant dialogue with the residents of this town, and we will continue to act on their concerns and in their best interests.”