The petitioner sought a faculty for the exhumation of her mother's body from a consecrated burial ground, where she had recently been buried, in order to re-inter her in another consecrated burial ground, within the same diocese. The general rule enunciated by the Court of Arches in Re Blagdon Cemetery is that because of the theological principle that Christian burial is final, a faculty for exhumation will only be granted in exceptional circumstances. In this case, however, the petition was brought because of the proximity of the mother's grave to those of close family members of the petitioner's ex-husband, who had been violent and abusive towards her and her children over a period of some eight years. Neither the petitioner nor her children could visit her mother's grave because it caused them flashbacks, and the petitioner's GP confirmed that she was having nightmares and panic attacks and was suffering from anxiety and depression.
The court was satisfied on the evidence that the impact upon the petitioner's mental health and well-being and the distress to other family members were overwhelming. On the balance of probabilities, therefore, there were special circumstances justifying an exception from the principle of the finality of Christian burial and a faculty would issue.
