Summary: The Ombudsman will not investigate Ms B’s complaint about damage to her grandparents’ grave and the Council’s refusal to pay the cost of repairing this. The courts are better placed to decide on matters of liability and payment of damages.

The complaint

1. The complainant, whom I shall call Ms B, complains the Council’s grass cutting equipment damaged the grave of her grandparents and other family members. Ms B has made a financial claim for the cost of repairing the grave, but the Council’s insurers have rejected this.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered the information Ms B provided and I sent a draft decision to Ms B to invite comments before I made a final decision.

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What I found

5. Ms B has explained she visited the grave of her grandparents and other family members in November 2018. When she arrived, she saw the grave was piled high with concrete and gravel. She returned the next day to see the concrete and gravel had been removed, but the headstone and kerb at the grave were damaged. Ms B says she later spoke with a manager who initially said it appeared the grass cutting machines had caused the damage, but later said the grave must have been vandalised.
6. Ms B has made a claim for the cost of repairing the damage to the memorial headstone and grave. The Council’s insurers have refused the claim, saying there is no evidence the Council is responsible for the damage.
7. While Ms B disagrees with the decision of the Council’s insurers, the Ombudsman will not investigate this complaint. Whether the Council is responsible for the damage and liable to make a payment to Ms B for the required repairs are not matters the Ombudsman can decide. Only the courts can determine these matters and it is reasonable to expect Ms B to use this right of remedy now the Council has rejected her claim

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Final decision

8. The Ombudsman will not investigate this complaint. The courts are better placed to decide on matters of liability and payment of damages.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman