Summary: The Ombudsman will not investigate Ms B’s complaint about the condition of the cemetery where her parents and brother are buried. Further consideration of the complaint is unlikely to find fault by the Council.

The complaint

1. The complainant, whom I shall call Ms B, complains the grass and trees at the cemetery are not properly maintained and are untidy. Ms B also complains there are potholes making access difficult.

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, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council (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)

Back to top

How I considered this complaint

4. I have considered the information Ms B provided and the complaint correspondence between Ms B and the Council. I sent a draft decision to Ms B and considered the comments she made in reply before I made my final decision.

Back to top

What I found

5. The trees and grass at the cemetery are maintained by the parks service at the Council. In response to Ms B’s complaint, the Council explained it inspects the trees at the cemetery every five years and the last inspection was in 2017. The Council has also explained it allows the trees to grow as naturally as possible, unless there are safety issues, or the growth makes normal use of the cemetery difficult.
6. Ms B says the trees are very overgrown and shed large branches and copious amount of leaves on to graves. Ms B says the Council needs to cut back the trees, but the Council disagrees.
7. While Ms B does not consider the Council is properly maintaining the cemetery, the Ombudsman will not investigate this complaint. The Council has considered the points Ms B has raised, explained its normal approach to grounds maintenance and the circumstances under which it will carry out works. There is a disagreement between Ms B and the Council over whether the works are adequate, but this is not a matter the Ombudsman can determine.
8. In its final response to Ms B’s complaint, the Council asked her to clarify where the pothole she complains about is located so it can inspect this. Ms B says she has provided this information, but the Council has not repaired the pothole. I will ask the Council to make contact with Ms B to obtain the clarification it says it needs before carrying out any further works.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because further consideration of the complaint is unlikely to find fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman