Summary: We will not investigate this complaint about the Council’s decision to remove a display step Mr X placed on a relative’s grave. This is because an investigation would be unlikely to find fault with the Council’s actions.

The complaint

1. Mr X complained the Council failed to notify him before removing a display step he placed on a relative’s grave. He also complained the Council failed to explain why the step was in breach of 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.

(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. Mr X complained to the Council after he discovered that a display step he had placed on the graves of two close relatives had been removed. He said the Council failed to write to him before taking this action and he wanted an explanation.
6. The Council did not uphold Mr X’s complaint. The Council told Mr X it sent him policy information citing the requirements for memorials when he became a grave owner and this information was available on the cemetery notice board and the Council’s website. The Council explained that the display steps presented a health and safety risk, and only approved masons could carry out work on memorials. Mr X remained unhappy with the Council’s actions and referred the complaint to the Ombudsman.
7. The evidence shows the Council has explained why the display steps were removed and previously provided Mr X with a copy of its policy, which lists the conditions under which the Council may remove items from graves. The Council’s policy regarding who can make amendments to memorials is also available on its website. It is therefore unlikely an investigation would lead to a finding of fault.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman