Grieving parents of 8-year-old cancer victim told they cannot leave 'items' on memorial bench

Courageous Ava was diagnosed with the rare cancer Ewing's Sarcoma in 2012 and sadly died in September 2013 aged just eight.

However, her parents Janine and Alex, who have lived on Butts Green in Kingswood since it was built, received a letter from solicitors, acting on behalf of Butts Green (Kingswood) Management Company Ltd, saying they had 'no right' to place mementos on the bench.

Ava's mum Janine asked permission from the previous management company five years ago to place a plaque on the bench in memory of her daughter.

This was agreed and many residents, family members and friends enjoy visiting the bench and leave small mementos for Ava around anniversaries.

Janine said: "Just before Christmas I had the shock of my life when I went to the bench.

"I had put a plant barrel on the side of the bench and this had been removed along with everything else.

"It was such a huge shock, some residents have appointed themselves as a management company of the estate but none of us know much about it and we don't have a say.

"One told me 'you cannot have a shrine to your daughter' – it was so hurtful I was winded by it."

Smaller presents such as a wooden letter A have been removed and never given back to Janine.

Janine added: "I spoke to another resident on the management company who said 'we are looking to get the plaque removed'.

"They all live on the estate and have never come to me to ask about the bench, they just have all of it removed.

"One man asked me 'how did she die?' I don't understand how people can be so heartless."

The green was one of Ava's favourite places to go.

"She used to ask 'mum can we go to the green', she learned to ride a bike there and my nine-year-old son loves going there," Janine said, "We have a lot of happy memories there, it means a lot to us as a family."

Last week, Janine and Alex received a letter from LMP Law.

It stated: "We have been informed that a memorial was placed on the development and has since been removed. We understand that you believe your membership of Butts Green Management Company Ltd provides you with the right to place items on 'the green'. However please not that your membership does not grant you this right.

"Nor do the terms of your lease allow you to place items on 'the green'.

"We are saddened to hear of your loss and we offer our sympathies to you. We understand that you would like to preserve your daughter's memory. However, our client is unable to allow you to place and keep items on the green.

"Should you wish to have a commemorative item place on the green, you should contact the freeholder, Bellway Homes Ltd."

However, when the Warrington Guardian approached Bellway Homes, they said they transferred the hold to E&J Estates in 2008.

A spokesperson for Revolution Property Management said: "Revolution Property Management is appointed to take charge of the day-to-day management of the estate by Butts Green (Kingswood) Management Company Ltd, which is controlled by the leaseholders.

"Butts Green (Kingswood) Management Company Ltd has an obligation in its schedule to, ‘maintain those parts of the Reserved Property as are laid out as amenity grounds for the enjoyment of the lessee in common with others entitled to the like right and to keep the whole of the reserved property in good order and free from litter in accordance with good standards of management’ for the residents that have a legal relationship with it.

"Leaseholders requested the action be taken through Butts Green (Kingswood) Management Company Ltd, as communal areas are to be enjoyed by all residents.

"The memorial plaque was erected and any requests for additions will be considered.

"Attached is a photo of the plant pot next to the bench and the other associated items, all of which were returned direct to the complainant’s spouse."

However, Janine insisted that 'not all items were returned and she was never informed that they were going to be removed'.

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She added: "This has made us all so upset, I struggle every day as it is."