THE grieving daughter of a Worrall Hill man has encountered a legal battle with the council to lay her father's ashes to rest.

Alison O'Leary, who lives in Swindon, lost her father Mr Alfred Gibbons on January 2 and had his funeral on January 15. However it wasn't until she met with Ernest Heal and Sons Funeral Directors that she was told that his ashes could not be interred at the plot her mother had bought at Mile End Cemetery in 2008 as his name was not on her funeral plan.

Although the plan was set-up through the funeral directors, Mrs Gibbons had bought the plot through the council and the deeds were in her name.

The Local Authorities Cemeteries Order 1977, enforced by the council, states that: 'Although many people believe that if they have the grave deed in their possession or are the next of kin of the late grave owner they own rights to the grave, this is not the case. There is no automatic transfer right to the burial rights of the grave.'

Alison says she wasn't aware of this and says that at the time when her parents' set-up the plan there was no law stating that both names had to be listed in order to enable interment together.

Sadly her mother, Iris, passed away in 2010 and as she didn't leave a will then Mr Gibbons wasn't automatically entitled to burial with her. In order to enable this, the council required further information from Mr Gibbons' next of kin to grant interment. Therefore as Mr Gibbons' power of attorney, Alison has had to apply for probate through a solicitor to state what must be done.

She said: "This has been an extremely distressing time for the family as we have been unable to lay dad to rest with mum. The whole point of setting up a funeral plan is to ensure that everything runs smoothly when you're gone, however we have experienced anything but.

"The council say they notified Ernest Heal and Sons of the law change in 2010 while Ernest Heal and Sons say that the council only gave them a verbal warning of the changes. I have had to travel back and forth to the Forest from Swindon to sort this out with solicitors to allow for interment.

"On my parents' funeral plans they have the same plot number so you would think that is all the information the council needs. Apparently the new law applies all over the UK but I haven't heard of this in Swindon. I want people to be aware of this."

A spokesperson for the District Council said: "There was no new legislation introduced in 2010 and there is no automatic transfer of the exclusive rights of burial on the death of the owner. However, we have advised Mr Gibbons's daughter of the correct procedure and the forms required to enable the council to legally permit Mr Gibbons to be buried in the same plot as his late wife."

Managing director at Ernest Heal and Sons Funeral Directors, Neil Williams added: "We are very pleased that the matter has been resolved and the subsequent interment of cremated ashes will take place this week. As a company we would also feel more at ease to advise our clients correctly if the FODDC issues a precise policy and guideline that can be adhered to when the person who is to be buried does not own the burial plot and the deed holder who is already buried did not leave a will.

"At the time of going to press, we await such a policy."

As the Review went to press we were informed the council had granted the interment of Mr Gibbons' ashes.