Summary: We will not investigate this complaint about burial regulations in different sections of its cemetery. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mr X complained about the Council’s failure to follow its own regulations with regard to shroud burials in the Muslim area of its cemetery. He also says the regulations relating to headstones are unreasonable.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council about a burial of a relative which involved a shroud burial in the Muslim section of the cemetery. He says that the Council breached its own regulations because shroud burials are only permitted in the natural burials section.
6. The Council told him that the Council has an agreement over Muslim burial practices with the nearby mosque and that both shroud and coffin burials are carried out in this section. The reference in the Regulations to shroud burials in the natural burial section is included with reference to the natural materials permitted for shrouds. This is the only reference to shrouds in the regulations and the same section of the regulations also makes it clear that coffin burials are permitted in the natural burials section also. There is no reference to shrouds or coffins in the Muslim section and the Council says this means there is no restriction otherwise it would be mentioned.
7. Mr X also complained about the type of grave memorial permitted in the section. The Council told him that the Regulations make it clear what monuments and memorials are permitted and that he signed an agreement at the time indicating that he accepted the Regulations.
8. We may not question the merits of decisions which have been made in a proper manner. This means we will not intervene in disagreements about the merits of decisions. In this case there is no evidence that the Council has not adhered to the regulations which it published for cemeteries in its area.

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Final decision

9. We will not investigate this complaint about burial regulations in different sections of its cemetery. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman