Chancel Repairs

Lord Rooker Excerpts

Thursday 15th January 2015 Grand Committee

[Lord Rooker (Lab)]

My Lords, I am very happy to support the noble Lord, Lord Avebury. I want to tell your Lordships a story. It is the story of Helen Bailey from Staffordshire, whom I spoke to yesterday evening.

Helen Bailey said: “The parish church officials in Edingale, Staffs, seemed entirely ignorant of the consequences of registration on title holders, and they appear to have given the affected individuals not one iota of thought and were utterly insensitive. They appeared not to have had any guidance regarding the human impact of CRL from the Lichfield diocese or from the church centrally, and seemed to be treating it as some sort of purely legal and technical matter. No attempt was made by the church to consult with owners, as had been the case in the adjacent parish of Alrewas, as a result of which registration was not proceeded with. Having decided in principle to register, it apparently did not occur to the Edingale Parochial Church Council to establish whether there were any extenuating circumstances rendering registration an act of callousness or even inhumanity. The church officials did not even observe the most basic courtesy of informing us”—that is, Helen Bailey and her neighbours—“of what they were about to do, or even had just done. The first I learnt about registration was when the letter arrived from the Land Registry. The next day I met one of my neighbours who had also received a letter; she looked as white as a sheet and had clearly not slept. The owners of the adjacent farm, who own the bulk of the affected land, received no notification. The land was not registered, so they got no notification from the Land Registry and it was only much later, at the insistence of the affected homeowners, that the church took any steps to inform them.

“Some weeks after registration a church official appeared on my doorstep, clearly very proud of his prowess in having navigated the mechanics of registering CRL and apparently expecting me to congratulate him. He seemed astonished when instead of being impressed, I expressed my anger and concern and acquainted him with the consequences of his actions. The church council appeared not to have done the basic internet research into CRL, which would have revealed its potential to blight the lives of affected individuals.

“Fortunately, my background as an accountant and experienced CAB adviser and as an advocate equipped me to do some research. Initially what I learnt served only to create increased anxiety as the full implications became clear. Recognising that CRL would in all probability make my property unmortgageable—and therefore potentially unsaleable—I had no choice but to try to find a solution. Initial letters to the church yielded nothing beyond denials of responsibility and hollow sympathy; there was an almost bewildering refusal to engage in the distress it had caused. The local vicar was more genuinely sympathetic but had no idea how to resolve the damage inflicted on my neighbours and me. In the end I was very fortunate to find myself in contact with the Reverend Greg Yerbury, whose integrity, expertise and kind assistance proved invaluable.

“My researches revealed that the historical proofs relating to CRL in Edingale were less than unequivocal but sadly also revealed that my neighbours and I had to disprove liability rather than the other way around, something we could not possibly afford to do. Assurances by the PCC that they had no intention of ever enforcing CRL were of no value at all as they did not remove the blight. Insurance was no longer available now that the liability notices had been registered and we eventually concluded that the only truly effective way to get rid of the blight was to buy out the liability via compounding under the 1923 legislation”—which has already been referred to.

“Again with Greg Yerbury’s support, I approached the church regarding compounding. Its initial response was unfortunately pretty unhelpful as it would involve fees for solicitors, accountants and surveyors which would have run into thousands and been quite unaffordable, even if shared. Eventually, and only after considerable effort, a more pragmatic solution was arrived at by Reverend Yerbury on the basis of a calculation proposed and agreed with all parties. Because Edingale parish church is small, relatively modern and the chancel is in good repair, the compounding cost ended up being calculated at around £50 per acre. In the end I succeeded in arranging compounding and it cost me £45”.

Helen Bailey continued, “It has been suggested to me that this trivial settlement sum proves that I was making an unnecessary fuss about nothing, but the absolute reverse is true. The settlement sum demonstrates the financial sabotage of CRL and the true idiocy of enforcing this ancient and anachronistic legislation. The church has gained practically nothing. For the sake of £45 they wrought disproportionate destruction on the value of my home and brought misery to my neighbours and me. Had I not drawn attention to this in the media and tracked down Greg Yerbury, who has been most helpful”—he seems to deserve a medal, I might add—“I am sure that my neighbours and I would still be in this invidious position”.

It is time for this legislation to go. I am in favour of preserving our church buildings, although I am not a churchgoer. I have two lumps of stone from St Laurence’s in my back garden, bought at auction to support the refurbishment of the church. I have no problem about that, but this legislation has to go.