Summary: We will not investigate this complaint about failing to respond to e-mail contact. We are satisfied with the Council’s actions to acknowledge fault and apologise for the impact.

The complaint

1. Ms D says the Council has cremated her relative, Ms E, without telling her. Ms D cannot grieve and lost her opportunity to pay her last respects. Ms D wants the Council to financially compensate her for her distress.

Back to top

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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council arranged Ms E’s adult social care in her lifetime and managed her finances. When Ms E died the Council contacted her husband but did not contact any wider family. It says it did not hold Ms D’s details.
6. Ms E’s husband has his own health issues and has no mental capacity to make any arrangements for Ms E’s estate. So, the Council arranged solicitors to manage Ms E’s estate. It also passed the funeral arrangements to the relevant local council (council X) to arrange a public health funeral.
7. Ms D found out from a third party about Ms E’s death and contacted the Council but received no reply. So it seems Ms D and Ms E were somewhat estranged.
8. The Council did not pass on Ms D’s details despite her contact. Council X cremated Ms E, which has been very difficult for Ms D as the family wishes were for burial. The Council explains it had no record of this, despite reviews with Ms E about her care and wishes.
9. The Council apologised to Ms D for not responding to her e-mail. I appreciate how distressing this situation is for Ms D, but I am satisfied the Council has accepted and acknowledged the fault during its complaint process. An Ombudsman investigation is not justified as we would not achieve a significantly different outcome.

Back to top

Final decision

10. We will not investigate Ms D’s complaint because we are satisfied with the Council’s actions to acknowledge the impact of its failure to respond to Ms D’s e-mail contact. We accept how distressing this is for Ms D, but no action will make this situation better. An Ombudsman investigation is not justified.

Back to top

Investigator's decision on behalf of the Ombudsman