Bodies exhumed as coffin resurfaces at graveyard near Wolverhampton

It happened because the mother's coffin had not been buried deep enough at the graveyard in Codsall. As a result, the daughter's coffin was only covered by around a foot of soil when it was buried on top of the mother's. And, as soil settlement took place in the grave, the daughter's coffin started to resurfaced.

Stephen Eyre, Chancellor of the Diocese of Lichfield and a judge of the Church of England's Consistory Court, took the decision earlier to give the go-ahead for the two coffin's to be dug up and re-buried properly in St Nicholas church yard.

However, normally exhumation is against the philosophy of the church that a last resting place should be just that and is only allowed in "exceptional" circumstances.

Now, Chancellor Eyre has given a written details of why he granted "exceptional" permission for the double exhumation of the remains of Brenda Owen, who was buried at St Nicholas churchyard in July 2012, and her daughter Angela Owen, who was buried in March 2013.

The judge said: "It appears that Brenda Owen's coffin was not buried at a depth sufficient to allow a double burial. This meant that when Angela Owen's remains were interred the coffin was covered by only about 12" of soil.

"The natural settlement of the soil following the burial has meant that the top of Angela Owen's coffin has become exposed. Understandably this has been deeply distressing for her family even though as a temporary measure the coffin has been covered by further soil."

He said that initially permission had been sought for the lifting and lowering of both coffins, but that the sandy soil of the churchyard led to fears that this could lead to the collapse of nearby graves.

In those circumstances, he ruled that it was appropriate to this case to make an exception to the "presumption of the permanence of Christian burial".

He said that special circumstances clearly existed in the case of Angela Owen's coffin, but that the position was "not as straightforward in the case of Brenda Owen" as they could remain in the plot in a "secure and seemly manner".

He continued: "It would be perfectly practicable to remove Angela Owen's coffin while leaving that of Brenda Owen in place."

However, he went on: "Despite those considerations I am satisfied that special circumstances justifying exhumation are present in the case of Brenda Owen.

"In the circumstances here for the Court to allow the exhumation of Angela's remains while refusing to permit the exhumation of those of Brenda would be for the Court to bring about the splitting up of an existing family grave.

"This is an unusual case and the circumstances justify the exhumation of Brenda Owen's remains. In effect the existing family grave is being reconstituted in the same churchyard but in a location where the soil conditions allow the seemly and safe creation of a double-depth family grave.

"That does not in my judgement constitute a departure from the principle that once interred in an appropriate location, namely one where the remains can be properly safeguarded, then remains will not be exhumed or disturbed."

However, he refused to make an order sought by the Owen family that the plot currently occupied by the remains of Brenda and Angela should remain unused in the future. He said he "very much" doubted whether he had the power to do so, and that it would be "inappropriate" to prevent reuse of an available plot.

However, he said a two-year "period of restraint" might be appropriate, and said that the Reverend Simon Witcombe, the Vicar of Codsall, had indicated that the plot would be unlikely to be needed in the foreseeable future.