Summary: Mr X complains about the intrusive behaviour of Council staff during the funeral of a family member. The Ombudsman will not investigate the complaint because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I refer to as Mr X, says two Council staff members caused upset to family and friends by their intrusive behaviour during the funeral of a family member.

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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 or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or

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

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How I considered this complaint

3. In considering the complaint I reviewed the information provided by Mr X and the Council. I gave Mr X the opportunity to comment on my draft decision.

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What I found

4. During the funeral of a member of Mr X’s family, two Council staff members carried out their official duties in a way those attending the funeral found obtrusive and indiscreet and this caused upset and distress.
5. Mr X complained about the behaviour of the two staff members to the Council. In response the Council apologised that the presence of the staff had caused further upset at a very difficult time and confirmed that they should have carried out their duties in a discreet manner.
6. Dissatisfied with the response, and because the staff had not been discreet, Mr X escalated his complaint to stage 2 of the Council’s complaints procedure seeking a reprimand, an apology and confirmation staff would be re-trained.
7. The Council responded and noted that during the funeral a new member of staff was being trained for the first time. It found that the officers had followed procedure and had not intended to cause any upset but it recognised that their actions had caused distress to those attending the funeral. In its findings the Council recommended that an apology should be made to Mr X on behalf of the cemeteries staff and that refresher training be carried out to ensure procedures are carried out correctly. It also advised that any action in relation to disciplinary matters would be confidential.

Assessment

8. It is clear that those attending the funeral found the actions of the staff members carrying out their official duties to have been indiscreet and upsetting. The Council recognised this and its findings at Stage 2 sought to provide redress by apologising and confirming that staff would receive re-training. It has now carried out these recommendations.
9. Had the Ombudsman investigated and found fault, the action already taken by the Council would likely have been the remedy we would have proposed. As this is the case, we will not investigate the complaint now.

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Final decision

10. The Ombudsman will not investigate this complaint. This is because it is unlikely we can add to the investigation already carried out by the Council and an investigation is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman