Decision details
Approval for City of York Council to enter a s101 management agreement at Fulford Cemetery for 1 year
Decision Maker: Director of Housing and Communities
Decision status: Decision Made
Is Key decision?: No
Is subject to call in?: No
Decision:
That an s101 agreement is drawn up and agreed
so that the council’s Bereavement Services within Customer
Services manages the Fulford Cemetery and its staff for a period of
one year. All other legal agreements will stay in place until a
further options paper is approved for Executive to consider.
In December 2024, Fulford Parish Council made a formal request for
CYC to take over the management and maintenance of Fulford
Cemetery, alongside rescinding the 2006 Burial Agreement. This
paper recommends a one year management only arrangement which will
allow a period of stability, improve capacity at the cemetery
alongside providing time for due diligence work to take place on
longer term arrangements.
Full details are contained in the attached detailed report.
Options Considered:
• Option 1 – Do nothing and CYC continue to advise only.
At this point CYC could decide to take the annual loss and hope
that Fulford Cemetery returns to a profitable position once again.
However, the cemetery does not have sufficient or skilled
management resources or time to dedicate to making the necessary
improvements to reduce the losses, and the Council cannot directly
influence the Parish Council decisions on the operations of the
Cemetery. This option is not recommended due to the high financial
risk.
• Option 2 - CYC could choose to end the current Burial
Agreement. The reputational risk of this option is high given that
Fulford Cemetery is the burial ground used for York residents. The
Parish Council are not likely to agree without an arrangement to
manage the Cemetery. This option is not recommended as it would
almost certainly bankrupt the Parish Council. This option cannot be
considered in this report as this would be a ‘key
decision’ for Executive not officers.
• Option 3 – A management arrangement. This option would
see CYC provide management support to the Cemetery and run it on
the Parish Council’s behalf, with the employment cost of
existing staff and ownership of assets being retained by the Parish
Council. The benefits of this action are that the Parish Council
will remain the employer of the cemetery staff and should the
business be turned around there will be no pressure on CYC to cover
losses. This is the least worst preferred option of the three
although there are necessary costs which are unavoidable to inject
the required resources into the Cemetery operations to safeguard
them.
Options Rejected:
Option 1 and Option 2 above
Publication date: 18/07/2025
Date of decision: 18/07/2025
Accompanying Documents: