Summary: Mr X complains about the Council’s policy to allow dogs on leads in one of its local cemeteries. The Ombudsman will not investigate this matter. This is because we are unlikely to find fault in the Council’s actions. And we do not consider that Mr X has suffered a significant personal injustice which warrants our involvement.

The complaint

1. Mr X complains the Council allows dogs on leads in a local cemetery. He says the Council fails to show any respect for the dead or the bereaved and are putting dog walkers before the feelings of the bereaved. He wants a strong presence at the cemetery to prevent people with dogs from entering the cemetery and make it an offence to do so.

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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault
• the fault has not caused injustice to the person who complained

3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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

Back to top

How I considered this complaint

4. I considered the information provided by Mr X and the Council.

Back to top

What I found

5. In 2016 the Council says it held a public consultation on the matter of dogs in cemeteries. It says the response showed support for “well-behaved dogs, on short leads, to be allowed in the cemeteries under control of their responsible owners”. A Public Space Protection Order [Dog Control] came into effect in 2017 which states dogs should be kept on a lead at all times within all cemeteries and crematoria. This framework will be reviewed in 2020.

Assessment

6. The Ombudsman will only normally investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by the service provider. In addition, we will not normally investigate a complaint where the complainant is using their enquiry as a way of raising a wider community campaign.
7. I understand Mr X finds the actions of some irresponsible dog walkers unacceptable and wants them banned from all cemeteries. However, the Council decided to allow dogs on leads following a public consultation. This is a decision it is entitled to make.
8. The Council also confirmed it has previously deployed parking officers (with powers to issue fixed penalty notices) to the cemetery, who issued fixed penalties to irresponsible owners. It says it may use such officers again. And the warden will continue to educate dog walkers when he is on-site.
9. The Ombudsman cannot criticise the Council’s action when there is no evidence of fault in the way it made a decision.

Back to top

Final decision

10. I will not investigate this complaint. This is because we have not seen any evidence of fault in the Council’s actions. And Mr X has not suffered any significant personal injustice.

Back to top

Investigator's decision on behalf of the Ombudsman