Summary: The Ombudsman will not investigate this complaint about interment fees. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council charged too much to inter her father’s ashes in her mother’s grave. Ms X says it was an excessive charge of £333 to dig a small hole.

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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’. We provide a free service but must use public money carefully. We may decide not to start an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I considered the Council’s cemetery fees for 2019/20. I considered comments Ms X made in reply to a draft of this decision.

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What I found

Cemetery fees – 2019/20

5. The Council charges £333 to inter cremated remains.

What happened

6. Ms X paid £333 to inter her father’s ashes in her mother’s grave. She complained to the Council about the charge which she says is excessive. Ms X said the costs have increased significantly compared to when she buried her mother, in a full grave, in 2015.
7. In response the Council explained that it sets the charges to ensure that the cost of providing the cemetery service is fully funded by the fees and does not place a burden on the general budget. It agreed the costs had increased by more than inflation since 2015 but said this was because, in 2015, the charges were not covering all the costs. The Council said the charge covered the cost of the interment and all the associated costs of providing the cemetery service such as staffing and maintenance costs. The Council explained that the fees in 2015 did not cover all the costs.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. In addition, it is not the role of the Ombudsman to set charges for council services or to tell a council how much it can charge.
9. The policy says the cost of an interment is £333 and that is what the Council charged Ms X. The Council charged the amount stated in the policy so there is no reason to start an investigation. In addition, the Council has explained the basis on which it sets the fees and explained why the costs have increased since 2015. There is no suggestion of fault and no reason to start an investigation. The Ombudsman does not act as an appeal body. He cannot intervene simply because a council has a policy that someone disagrees with.
10. Ms X says the cost was hidden and she only found out, by chance, when she requested a full breakdown of the fees from the funeral director. However, the charges are clearly stated on the Council’s website and Ms X could have checked the cost in advance and considered whether she wanted to proceed with an interment or consider other options.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman