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Belfast Live
Belfast Live
National
Lauren Harte

Grieving Co Down mum campaigns for 'Daniel's Law' in bid to overturn burial rules

The grieving mum of a Co Down man, who passed away suddenly just days before he was due to return home from Australia, has slammed the "bureaucracy" she faced from her local council when trying to lay him to rest.

Daniel Ferguson, 33, was set to arrive back in his native Donaghadee from Sydney on December 15 2021.

However, nobody could have imagined the heartbreak that his family and friends would endure when they received a devastating phone call four days earlier informing them that he had died suddenly following a heart attack.

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Daniel, affectionately known by the nickname Fergie, was a much-loved and well-known character in Donaghadee, with a close knit group of friends both here and in Australia.

His visit home would have been his first time back in Northern Ireland in four years, after moving to Australia roughly six years earlier.

He had given up his flat in Australia, had a job lined up and to mark his first trip back in four years, family and friends had an exciting schedule of plans lined up to celebrate.

But as his heartbroken family prepared to bring him home for the last time, they had no idea of the difficulties they would face.

Daniel's remains were returned to his family with help from The Kevin Bell Repatriation Trust and it was planned that he would be laid to rest at Ballyvester Cemetery on Christmas Eve, where some of his grandparents and great-grandparents are also buried.

The family were left stunned when informed that Daniel was classed as a "non-resident" by Ards and North Down Council as he was living outside the borough, which meant that they were faced with 50% higher burial costs.

His mum Maxine Porter, 62, described the news as "a slap in the face".

She is now campaigning for a change to council burial charging policy as a lasting memorial for her son and also to ensure that no other family faces similar "bureaucracy".

Maxine told Belfast Live : "It was just really gobsmacking that the council would not bury him as a resident. Bureaucracy is bad enough in normal circumstances but when it's happening in the middle of grief then it's even more heartbreaking and stressful.

"Daniel was always really proud of being from Donaghadee and he was involved with the Boys' Brigade, Abbey Villa FC and Donaghadee Golf Club.

"Some of his friends from Australia have been over here since he died because he made such an impression on them about this town. On his headstone it says 'Wee Fergie from the Dee' and that's how important this place was to him," she added.

A young Daniel at home in Donaghadee (Submitted)

"For us the additional financial cost wasn't the issue, it was the principle that he loved this town so much. If you're from here there is a standing line that you're not a true Donaghadee person unless you have two grannies in the graveyard.

"We joke about people being 'blow-ins' but there is an underlying truth there. For Daniel to be considered a non-resident was like a slap in the face and honestly that would be so hurtful to him."

Maxine is now campaigning for Daniel's Law as a fitting tribute to her beloved son.

"I have always voted for and supported the council but it shouldn't be a case of one size fits all because every family has its own particular set of circumstances," she said.

"Having been through this experience, I would not wish to see any other family going through this kind of heartlessness and turmoil at the loss of someone so loved.

"If Daniel's Law helps anyone else in not having to go through the same thing, that would be a bonus and bring more humanity to the situation."

Daniel was affectionately known by the nickname Fergie (Submitted)

Maxine's campaign is being backed by the Mayor of Ards and North Down, Councillor Mark Brooks and the pair are due to meet with the council's Chief Executive Stephen Reid next Thursday, April 28.

Councillor Brooks said he hoped that the policy could be amended in Ards and North Down and that the other ten councils across Northern Ireland would then follow suit.

He said that he could understand why the policy was in existence but "there are anomalies and this is definitely one anomaly".

In a statement, a council spokesperson said: "Council Officers would like to express condolences to Daniel’s family on his very sad and sudden death.

"Residents and non-residents can be interred at any of our cemeteries but the cost for residents is reduced in respect of the fact that they are already contributing to the costs of cemetery services through their rates.

"It is not a legislative issue but rather part of our charging scheme. The same principle is applied by other councils in Northern Ireland.

"A meeting has been organised for 28 April where the policy will be discussed further."

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