Officials ban memorial seats for being 3 inches too low

But that hasn't stopped health and safety inspectors doing their best to 'protect' us from the dangers of benches.

Thousands may have to be ripped out and replaced because they are just a few inches too low.

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This apparently makes it difficult for the elderly and disabled to get up from them, according to disability laws.

Health and safety officials cited the obscure legislation - from the Disability Discrimination Act 2005 - while inspecting a crematorium in Nottinghamshire.

Bramcote Crematorium was told its 40 memorial benches, which have seats 14 3/4 inches high, were three inches lower than the minimum height of 17 3/4 inches, and five inches lower than the 'optimum' height. It was ordered to remove them all.

To make matters worse, it has also been told that when it replaces the benches, it will have to fork out £200,000 for new lighting so they are visible in the dark.

Jayne Allen, who paid £400 for one of the memorial benches and plaques to commemorate her husband Phillip, who died five years ago at 48, has now had both returned to her.

An exasperated Mrs Allen said: "It is all very undignified and quite insulting.

"I also think it shows little respect for the dead. I have told them I want my plaque returned on the bench.

"There's no way I want it stuck on a new bench.

"I was furious when I first got the letter, but when I spoke to the officers at the crematorium, I realised that the problem didn't come from them; it's the Government's health and safety laws."

The Disability Rights Commission, the body which oversees the workings of the Disability Discrimination Act, says it is up to each local authority how it interprets the law.

A spokesman for the commission added: "The legislation includes a provision which says that the costs of any changes to conform with the law must be taken into account, and must be reasonable."

However, the crematorium's manager, Kevin Browne, said: "This will have staggering financial implications for us - about £200,000 - and we have to carry it out within two years.

"It is very difficult to strike a balance between our responsibility to the bereaved and the other obligations placed on us."

Mr Browne said he thought the crematorium had been targeted by council officials because many of those who visit the crematorium are elderly.

Describing the way the health and safety inspector went about his work,

Mr Browne said: "He went around with a tape measure measuring everything for compliance with the law.

"Apparently, it means that the buttocks of infirm people are below the point at which they can easily return to a standing position, and 72 per cent of our visitors are elderly.

"But we also have to pay to put the new benches on an elevated slab, clear enough space at the side to give wheelchair access and make sure all the benches across our 18-acre site are properly lit."