Summary: We will not investigate this complaint about the Council’s request for Mr X to remove potted plants from a cemetery. This is because we would be unlikely to find fault with the Council’s actions. Further, Mr X has not suffered a personal injustice due to this matter.

The complaint

1. Mr X complained the Council has treated him unfairly by asking him to remove potted plants he had placed on his relative’s grave but failing to address other plots in the cemetery that breached the Council’s policy.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s policy for the cemetery discussed in this complaint states that there can only be potted plants on a grave and no obstructions can be caused due to their placement.
6. Mr X complained to the Council after a cemetery manager asked him to remove some potted plants near his relative’s grave. He said the Council had targeted him unfairly as the plants had been there for over 7 years and there were other graves who were similarly breaching the Council’s policy.
7. The Council investigated Mr X’s complaint and explained that whilst it empathised with his position, the plants were identified to be causing an obstruction and therefore they had to be removed. The Council acknowledged there were other plots in the cemetery which whilst not causing obstructions contained items that may be considered unsuitable. The Council advised the cemetery manager would continue to carry out inspections and give notice to owners of such plots as necessary.
8. Mr X remains unhappy with the Council’s actions and wants us to find the Council at fault. The evidence shows the Council has acted in line with its policy by requiring Mr X to remove items which were deemed to be causing an obstruction. The Council is entitled to take this action and there is no evidence it acted with fault.
9. Mr X says there are other plots which breach the Council’s policy in the cemetery which the Council has failed to address. The Ombudsman will not investigate a complaint where the complainant has not suffered a personal injustice due to the events complained about. Whilst I understand Mr X’s view, the other cemetery plots and whether they are in line with the Council’s policy is for the Council to decide and address.

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Final decision

10. We will not investigate Mr X’s complaint because we would be unlikely to find fault with the Council’s actions. Further, Mr X has not suffered a personal injustice due to this matter.

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Investigator's decision on behalf of the Ombudsman