A little girl died, and her parents are separated. The dad and grandparents wanted to bury her in their family plot in Bangladesh, but the mom wanted her cremated in the UK. A court said the dad and grandparents could bury her in Bangladesh because they were her main caregivers and that’s what their religion says to do.
Key Facts
- •H, a 10-year-old girl with a neurological developmental disability, died of natural causes.
- •H's parents separated in 2014, with H primarily cared for by her paternal grandparents, who were appointed her Special Guardians.
- •In 2019, H and her siblings were moved to Singapore with the mother's consent.
- •H returned to England in 2022 and died after a long hospital stay.
- •Care proceedings were ongoing at the time of H's death.
- •H's father wished to bury H in Bangladesh in a family plot; the mother initially opposed this and wanted cremation in the UK.
- •An urgent hearing was held before Keehan J, who granted permission for H's body to be removed to Bangladesh for burial.
- •The mother appealed this decision.
Legal Principles
Article 6 right to a fair trial
Balancing of interests in burial arrangements
Hartshorne v Gardner [2008] 2 FLR 1681 and Re E (A Child) (Burial Arrangements) [2019] EWHC 3639 Family
Parental responsibility
Article 8 right to respect for family life
Non-Contentious Probate Rules 1987, rule 22(1)
Non-Contentious Probate Rules 1987
Supreme Court Act 1981, s 116
Supreme Court Act 1981
Outcomes
Permission to appeal granted.
The mother's Article 6 rights were compromised by the summary nature of the hearing before Keehan J.
Appeal dismissed.
The Court of Appeal, after considering the balance of interests, found that the paternal grandparents' wishes should prevail due to their close relationship with H and their commitment to observing Islamic burial rites.