The family of a boy killed by a falling gravestone have urged the Scottish Government to change the law after it emerged new guidelines will not be legally binding.

Ciaran Williamson's grandmother has raised concerns that recommendations being developed on graveyard safety will not be adhered to, and someone else may be killed.

Eight-year-old Ciaran was playing in Craigton cemetery, Glasgow, in May 2015 when a 7ft tombstone fell on top of him, severing his spinal cord and killing him instantly.

A Fatal Accident Inquiry into the schoolboy's death criticised Glasgow City Council's lack of safety inspections at its burial sites and ruled his death could have been avoided.

Thousands of headstones in graveyards across the country have since been tested in the wake of Ciaran's death, with many being removed or laid flat after being deemed dangerous.

Sheriff Linda Ruxton, who led the FAI, ordered a nationwide overhaul of local authority guidance on the safety of memorials, which is now being drafted by the Scottish Government.

The Herald on Sunday understands plans are in place to appoint a watchdog this year, who will monitor councils maintenance and safety regimes.

However, Ciaran Williamson's family say they will not be reassured unless new laws are introduced to force councils to make sure cemeteries and headstones are safe.

One of the problems identified in the FAI was that the current guidelines used by councils were advisory and so allowed them to make changes to the frequency and methods of inspecting graveyards for faulty or unsafe headstones.

The Scottish Government confirmed the new guidelines they are working on are not statutory but will "complement" existing standards.

Margaret Aitken, Ciaran's grandmother, said: "There needs to be a focus on changing the law. We saw from Ciaran's FAI the complete disarray of the safety regimes and methods of inspection that lots of different councils were using.

"The sheriff even acknowledged that Scotland had no specific mandatory guidance and because of the various bodies offering different guidance, there was a lot of confusion among councils as to what they should be doing. Some councils had no inspection process, like Glasgow, while others had very good inspection regimes.

"I think it's a step in the right direction that the government are making these new guidelines, and appointing an inspector to oversee councils, but unless there are mandatory regulations that say councils must inspect headstones and graveyards on a regular basis, there is no guarantee that what happened to Ciaran won't happen to another poor child.

"Our family live with the knowledge that Ciaran's death was avoidable every single day. We are determined to keep fighting for a change in the law, and sadly the latest update from the government doesn't go far enough to tackle our concerns.

"We would strongly encourage them to re-think the work they are doing and consider implementing new legislation."

In a letter sent to Ms Aitken, Joe Fitzpatrick, Minister for Public Health, Sport and Wellbeing, said the guidelines will be issued to councils soon, and added that a Burial Grounds Regulations Working Group will soon form to discuss regulations on cemetery management.

Any proposed law changes would have to be put out to public consultation, and may not include regulations on maintaining headstones or ensuring they are safe.

Johann Lamont has been working with Ms Aitken to push for a change in the law.

She said: "I commend the determination and courage of Margaret Aitken and her family in campaigning for greater improvements to cemeteries in Glasgow and right across Scotland.

"Local authorities have a serious responsibility to ensure the new guidance is fully adhered to and I would urge the Scottish Government to closely monitor the steps councils take to ensure greater safety.”

A Scottish Government spokeswoman said: “This is a tragic set of circumstances and our sympathies remain with Ciaran’s family.

“In response to the recommendations of the Fatal Accident Inquiry the Scottish Government is finalising best practice guidance to assist and inform every stage of memorial inspection programmes. This guidance will complement each local authority’s statutory duty under the Health and Safety at Work etc. Act 1974 to ensure the safety of burial grounds for which they are responsible.

“The Burial and Cremation (Scotland) Act 2016 enables Scottish Ministers to make regulations for management of burial grounds, which may include the maintenance and repair of memorials. Drafting of these regulations will begin later this year and work completed during the drafting of the guidance will significantly assist this process.

“In addition, Ministers will appoint inspectors to oversee the operation of burial authorities, including burial grounds. These important measures will ensure that burial ground safety is given appropriate priority.”