Summary: Mr X complains about the Council’s handling of matters related to the funeral of his mother. We will not investigate the complaint because we are unlikely to find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to as Mr X, says the Council charged him extra for an extended service for his mother’s funeral and that two days after the funeral he received what he says amounted to a sales letter from the Council to buy more memorials. He says he had to pay more and he found these events very distressing and so the additional charge should be refunded.

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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 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, or
• it is unlikely further investigation will lead to a different outcome. (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 and considered what he said.

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What I found

4. Sadly, Mr X’s mother died, and he arranged for her cremation. As the applicant for the cremation, Mr X chose to collect the cremated remains from the crematorium rather than have them strewn by the crematorium. In completing the relevant form, Mr X signed the form which contained the following section on Cremated Remains: ‘When you have considered the options, please indicate your choice below by ticking the relevant box and sign… Please note that we will send you a letter confirming your choice shortly after the cremation. The letter will give you the option to change your mind, and will also detail some of the memorials that are available at the Crematorium. Please be aware that you are under no obligation to purchase any memorial, and the letter is sent for your information only. If you do not wish to receive such a letter, please tick here’.
5. The box remained unticked and so Mr X received the letter referred to above two days after his mother’s funeral.
6. Unhappy that the letter was sent so soon after the funeral, and because he objected to an extra charge made for an extended service, Mr X complained to the Council.
7. The Council addressed his concerns during a telephone call and, when he pursued matters, it emailed him to explain that the issue of an extended service charge was a matter he needed to raise with his Funeral Director and not the Council because his contract was with the Funeral Director.
8. With regard to the letter Mr X received, the Council explained it was common practice for a letter to be sent to the applicant for the cremation on the day of the service in cases where the applicant had opted to receive the letter. It noted Mr X had opted to receive the letter because he had not ticked the relevant box. It told Mr X it had checked with the Funeral Director that Mr X had read the information on the form and that he had appeared clear on the details before signing.
9. Dissatisfied with the Council’s response, Mr X complained to the Ombudsman.

Assessment

10. I understand Mr X was upset to receive the cremated remains letter so soon after his mother’s funeral. However, the form he signed had given him the option of not receiving the letter and he had not taken it. To be of use to those applicants who might change their minds about instructions for the cremated remains, the letter has to be sent out swiftly. The form Mr X signed also made clear the letter would contain information about available memorials which he would be under no obligation to purchase.
11. If Mr X was charged more than he understood he would be charged by the Funeral Director, then this is a matter he should raise directly with the Funeral Director.
12. In responding to my draft decision Mr X says he did not get good customer service because the Council failed to respond to his complaint within its guidelines and he had been made to repeat by email what he had already said over the phone. While I note Mr X’s comments, neither the claimed fault nor the injustice caused to him are sufficient to warrant investigation.
13. Mr X makes reference again to the extra charge he had to pay. However, it has been explained to him that his contract was with the Funeral Director and it is to the Funeral Director he needs to direct his concerns about this matter.
14. While it appears Mr X did not fully take in the section of the form quoted above, and so missed the opportunity to tick the box specifically there for people who did not want to receive a letter, the sending of the letter to him is not evidence of fault by the Council.

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Final decision

15. We will not investigate this complaint. This is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman