Derbyshire Dales District Council (19 001 038)

Category : Environment and regulation > Cemeteries and crematoria

Decision : Not upheld

Decision date : 04 Oct 2019

The Ombudsman's final decision:

Summary: Mrs X complained the Council buried her son in an area of a cemetery it should have known had flooding problems. The Council was not at fault for allowing the burial in that area as there was no evidence of persistent flooding issues at that time. The Council has acted appropriately by taking action to remove excess water in the area and it will take further measures to continue to address this. It has also offered to undertake remedial work to remedy any damage caused to Mrs X’s son’s grave by flooding.

The complaint

  1. Mrs X complained the Council buried her son in an area of the cemetery it should have known had flooding problems. This has damaged the stones on the grave and has made visiting difficult due to the waterlogged area around the grave, causing her distress.

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The Ombudsman’s role and powers

  1. 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)
  2. 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)

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How I considered this complaint

  1. I have considered the information supplied by Mrs X and have spoken to her on the telephone. I have considered the Council’s response to my enquiries.
  2. I gave Mrs X and the Council the opportunity to comment on a draft of this decision.

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What I found

  1. Mrs X’s son was buried at the cemetery in summer 2018. Mrs X says within days of the funeral there were issues with water-logged ground round the plot. Mrs X visited the Council on five occasions to raise her concerns about the damage to the grave and surrounding areas. In February 2019 Mrs X submitted a formal complaint to the Council. The Council responded and confirmed remedial work would be carried out. Mrs X remained unhappy. She said she had received a letter saying remedial work would take place. However, there was no acknowledgement of the damage to the grave itself.
  2. The Council responded confirming it was aware there were areas of the cemetery where the ground conditions were challenging. However, there was no previous evidence of persistent flooding in the area of the cemetery where Mrs X’s son was buried. It said it had initiated works, including the installation of a drain to remove water and prevent surface water from ponding. The Council stated it would monitor the grave for sinkage and would pay for any remedial work which may be necessary if any settlement occurred in the next three years. Mrs X remained unhappy and complained to the Ombudsman.

Findings

  1. The Council says there is a section of the cemetery which has experienced water- logging in the past. It carried out testing in 2014/15 and was satisfied, based on those tests, that certain areas of the cemetery could be used for burials, including the area where Mrs X’s son is buried. The Council found that a section of the cemetery was prone to waterlogging. It decided not to allow burials in that area. That area is not near Mrs X’s son’s grave. The Council says at the time of Mrs X’s son’s burial there were no significant flooding issues in the cemetery and there was no indication the location of his grave was not suitable for a safe burial. The Council was not at fault for allowing a burial in the area of the cemetery where Mrs X’s son is buried. It had no evidence the location was unsuitable having carried out appropriate, recent and relevant investigations.
  2. The Council has responded appropriately, following Mrs X’s complaint, to address her concerns. In April 2019 it arranged drainage works to remove surface water and prevent more water from ponding around the area of her son’s grave.
  3. The Council says it has received complaints from another plot owner regarding surface waterlogging in periods of heavy rainfall. This is in an area close to Mrs X’s son’s grave, on the lowest part of the site.
  4. The Council visited the site the day after an incident was reported by the other plot owner in August 2019 and found the ground wet but not waterlogged. The Council’s Chief Executive also visited the site three days later and inspected both this plot and that of Mrs X’s son. He found the grass wet but there were clear signs of effective drainage. Another officer visited two days later and found the site had drained effectively and that surface conditions were dry.
  5. The Council says the drainage works have resolved the issue in most part although during recent bouts of excessive rainfall the ground immediately around Mrs X’s and the other complainant’s plots was slow to drain. Adjacent plots did not have the same problem. The Council is looking to install further lateral drains to assist during times of heavier ground saturation. It hopes to achieve this before the onset of winter.
  6. The Council has taken action to resolve the excess water around Mrs X’s son’s grave and is continuing to address the issues raised. It is not at fault. It has also given assurance that it will indemnify Mrs X in respect to any damage to the grave, including the stones, that occurs in the next three years.

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Final decision

  1. I have completed my investigation as there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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