A Penpont man is suing the council for “damaging” his family’s headstones – and then trying to bury the issue.
David Drife has taken legal action after being hit with a £2,000 estimate to repair and properly reinstate four headstones at Sanquhar Cemetery.
He was shocked to discover last summer that the headstones of loved ones had been removed and “socketed” into the ground.
Despite trying to have the matter resolved amicably, Mr Drife claimed that his complaints were dismissed by the local authority and he is now prepared to do battle in the courts.
He said: “Not only were the headstones dismantled, but one of them has been broken.
“I’ve now placed four labels on my stones, which read ‘notice for Dumfries and Galloway Council: do not touch, legal action is pending’.
“The council has broken every rule in the book, and my solicitor is now suing them for the reinstatement of our headstones.”
As well as making the claim for compensation from the council, Mr Drife submitted a complaint to the public services ombudsman.
He told the Standard that 16 people have complained about the dismantling of headstones at Sanquhar Cemetery in particular, however the practice had been carried out widely across the region over the past 18 months.
The controversy led to the matter being raised at the full council meeting yesterday where Mid and Upper Nithsdale Councillor Andrew Wood called for the authority to halt the socketing practice immediately.
Mr Drife said: “There are 145 headstones in Sanquhar Cemetery which have been dismantled and buried in holes in the grave – and there’s one hell of a row now.
“None of the headstones should have been touched in the first place, the council has made a complete mess of this situation.”
The council took action to ensure headstones/memorials were made safe in line with Scottish Government guidance, and this was prioritised following the death of a child in Edinburgh due to a falling headstone.
It is understood that the council paid a sub-contractor from Wales to carry out its headstone/memorial safety programme, however the socketing method and poor communication with lair owners has caused much distress.
Mr Drife added: “My headstones are so small. If they were loose, they still shouldn’t have been touched because they have got pins in them and there was no danger of them falling down.
“The council is supposed to properly notify people in the town about this type of work. A silly wee sign was placed on the cemetery gate, which they later admitted was inadequate.”
Earlier this year, the council’s community asset manager Nicola Simpson admitted there was a communications failure over the scheme to make headstones safe.
Ms Simpson investigated complaints made by residents and concluded that the “council is not at fault” for the actions it took in trying to make memorials safe.
The council was contacted for a comment on Mr Drife’s legal action.
