Summary: We will not investigate this complaint about the Council’s maintenance of a cemetery. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the overgrown state of a cemetery where his relatives are buried. He says the site was covered in weeds and it was difficult for his relatives’ graves to be identified. He believes the Council should carry out regular cutting to make the area tidy and respectful of the those interred.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X says he lives abroad but recently his wife visited the family graves in a cemetery where two members are interred. She was surprised to see the condition of the cemetery which appeared to be overgrown and no sign of cutting of the grass and weeds around the headstones. Mr X was upset when he saw the condition of the site. He complained to the Council.
7. The Council says the cemetery is managed under a biodiversity policy introduced four years ago which leaves the site for wildflower growth during the summer months. The Council says the pathways are cut regularly but the grave areas are left uncut until specific times of year.
8. Mr X says this policy is inappropriate for a burial site and the graves should be kept tidy and easily accessible.
9. We may not question the merits of decisions which have been properly made. We do not comment on judgements councils make, unless they are affected by fault in the decision-making process. This means we will not intervene in disagreements about the merits of decisions. In this case the Council has operated the biodiversity policy with regard to its burial sites for some years.

Back to top

Final decision

10. We will not investigate this complaint about the Council’s maintenance of a cemetery. This is because there is insufficient evidence of fault which would warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman