Summary: Mrs X and Ms Y complain about the Council’s handling following their uncle’s (Mr Z) death and its failure to inform them when his funeral was taking place. The Council was at fault for not following its own policy and government good practice in this case. This meant Mrs X and Ms Y missed Mr Z’s funeral and he opportunity to pay their last respects. The Council has agreed to apologise and make payment to Mrs X and Ms Y for the significant distress caused. The Council will also issue written guidance to relevant staff, review its Public Health Funeral policy and then publish the policy online, in line with government good practice.

The complaint

1. The complaints, who I have call Mrs X and Ms Y, complain about the Council’s handling following their uncle’s death and its failure to inform them when his funeral would be taking place, which meant the family missed the opportunity to attend and pay their last respects. Mrs X is concerned with the way the Council has dealt with her complaints about this and that it has still not told her or Ms Y (her sister) what happened to their uncle’s ashes. Mrs X feels the Council caused unnecessary distress and has not fully explained what went wrong or what action it is taking to prevent recurrence.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

How I considered this complaint

4. I have spoken to Mrs X and Ms Y and considered the information they have provided in support of their complaint.
5. I have considered the information the Council has provided in response to my enquiries.
6. Mrs X, Ms Y and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Relevant law and guidance

7. Where a person dies without any known funeral arrangements, and efforts to find a will or family members are unsuccessful, Section 46 of the Public Health (Control of Disease) Act 1946 (‘the Act’) makes it the duty of the council in the area they died to arrange their funeral. Councils can claim back their expenses for this from the estate of the person who died. The full text can be found at: http://www.legislation.gov.uk/ukpga/1984/22/section/46
8. The law makes sure that, as a last resort, even those who die alone and without any funeral arrangements in place receive a basic funeral service. The purpose behind this is indicated by the name of the Act. The cost falls to the taxpayer if a council is unable to recover its expenses.
9. The Act does not dictate what actions must be taken for a council to be satisfied that ‘no suitable arrangements’ have been made or are being made for the funeral. However, it is clearly in the interest of councils to make reasonable efforts so the potential cost to the taxpayer is minimised wherever possible.
10. The government has issued non-statutory good practice guidance (the Guidance) for councils to draw upon to inform their local policies. Public health funerals: good practice guidance - GOV.UK (www.gov.uk)
11. There is no legal requirement to locate the deceased’s next of kin, but it is good practice for councils to try to do so to provide the opportunity for families to organise the funeral themselves. Next of kin can also play an important role in advising councils of the deceased’s personal wishes, including any requirements in relation to their religion or beliefs, which may help determine whether a burial or cremation is more appropriate.
12. The Guidance suggests councils keep records of steps taken and the rationale for any decisions made. There are three possible options available to the next of kin:
1. To organise and pay for the funeral;
2. Be willing to organise the funeral, but unable to afford the expected costs; and,
3. Public Health Funeral.
13. Where the Council is arranging a Public Health Funeral, it should ensure the next of kin know what this will entail and that it has the statutory right to recover the cost of the funeral from the deceased’s estate. The Guidance states the next of kin should still be kept informed of any arrangements the council makes in respect of the deceased’s funeral.
14. The Guidance suggests councils should have a written policy on public health funerals and this should be shared publicly online and reviewed regularly.

Council policy

15. The Council’s policy states that it will seek written confirmation from the next of kin where they are unable or unwilling to organise the deceased’s funeral, before proceeding with making Public Health Funeral arrangements.

What happened

16. Mr Z is Mrs X and Ms Y’s uncle. Mr Z moved into a care home (Care Home B) in the Council’s area just before the first COVID-19 lockdown at the end of March 2020.
17. Ms Y was listed as Mr Z’s next of kin and Care Home B kept her periodically informed of Mr Z’s health and wellbeing. While Ms Y told Care Home B and the Council she was not particularly close to Mr Z, she agreed to be listed as his next of kin and kept updated of his progress by telephone. Ms Y lives some distance from the Council and Mr Z, so was not able to be involved with Mr Z’s care in person.
18. In September 2020, the Council became Mr Z’s appointee and managed his affairs and care home fees from this point.
19. Mr Z was attended to hospital in late March 2021. The hospital contacted Ms Y about this as Mr Z’s listed next of kin. On 23 April 2021, the hospital told Ms Y that Mr Z was very ill and was reaching the end of his life. Ms Y informed Mrs X, who lived close enough to Mr Z to visit him in hospital. Mrs X spent the entire day with Mr Z in hospital on 23 April 2021.
20. On 25 April 2021, Mr Z passed away. The hospital contacted Ms Y to inform her. In the following week, Ms Y had discussions with Care Home B, the hospital bereavement office and the Registrar about Mr Z. She explained that she was unable to arrange Mr Z’s funeral and did not know enough about him to register his death. The Registrar and hospital bereavement office told Ms Y the Council would be able to arrange Mr Z’s funeral and death registration as his appointee.
21. On 30 April 2021, Ms Y requested to be kept informed of Mr Z’s funeral arrangements, a request the bereavement office and Registrar confirmed they would pass on to the Council.
22. Mrs X contacted Ms Y on 5 and 7 May 2021 to ask if she had heard from the Council about their uncle’s funeral arrangements. Ms Y said she had received no contact from the Council.
23. On 28 May 2021, Mrs X contacted the crematorium local to Mr Z and was informed her uncle had been cremated earlier that day. Mrs X complained to the Council on 14 June 2021 for failing to inform her or Ms Y of Mr Z’s cremation as requested.
24. The Council responded to Mrs X’s complaint on 14 July 2021. It explained it had no record of Mrs X on Mr Z’s file. The Council also said that Care Home B, the Registrar and the hospital bereavement office had told it Ms Y wanted no involvement in Mr Z’s funeral arrangements and was unwilling to register his death. As a result, the Council said it had gone ahead with the funeral arrangements. The Council apologised for not informing Mrs X and Ms Y of their uncle’s cremation and said it would change its processes to prevent recurrence.
25. Mrs X brought her complaints about the Council to us as she remained dissatisfied with its response.

Was there fault causing injustice?

26. It is very unfortunate that a breakdown in communication between the hospital, Care Home B, the Registrar and the Council meant Ms Y’s request to be kept informed was missed. This has meant Ms Y and Mrs X have lost the chance to pay their family’s last respects to their uncle at his funeral. This error cannot however be wholly attributed to the Council.
27. The Council failed to obtain written confirmation from Ms Y that she was not arranging her uncle’s funeral or registering his death. This was fault as the Council did not act in accordance with its own policy. Direct contact with Ms Y might have prevented the oversight above.
28. The Council has also not acted in line with the good practice guidance issued by the government, which says councils should keep the deceased’s next of kin informed, even in cases where they are not organising the funeral.
29. It is also disappointing the Council has not provided Mrs X with details of what happened to Mr Z’s ashes following his cremation. Mrs X has complained to us that she still does no know what happened to her uncle’s ashes nor does she know whether anyone else attended her uncle’s funeral. The Council should have considered giving this information to Mrs X when she complained to provide some comfort to her and her sister.

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Agreed action

30. To remedy the fault identified in paragraphs 27 to 30, the Council has agreed to complete the following action within one month of my final decision:

• apologise to Mrs X and Ms Y for its poor communication and for not providing information about what happened to their late uncle’s ashes; and,
• make a payment of £300 (£150 each) to Mrs X and Ms Y for distress, time and trouble.

31. Within three months of my final decision, the Council will also:

• provide written guidance to relevant staff about the importance of obtaining written confirmation that the next of kin is not arranging the funeral;
• review the Council’s existing Public Health Funeral policy with a view to aligning this with the government’s good practice guidance, especially in respect of keeping next of kin informed, regardless of whether they are organizing the deceased’s funeral; and,
• ensure its Public Health Funeral policy is published online to assist and guide members of the public;

32. The Council should provide us with evidence the above recommendations have been completed.

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Final decision

33. I have completed my investigation and uphold Mrs X’s complaint. Mrs X and Ms Y were caused an injustice by the actions of the Council. The Council has agreed to take action to remedy that injustice and to improve the service for others.

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Investigator's decision on behalf of the Ombudsman