Summary: We will not investigate this complaint about the Council’s decision to replace the bins in a cemetery. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has decided to place a large blue bin near to his mother’s grave. Mr X says this is deeply distressing to the family and there was no consultation. Mr X wants the Council to move the bin to a different location.

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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)

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How I considered this complaint

3. I read the complaint and the Council’s responses. I considered the cemetery rules and invited Mr X to comment on a draft of this decision.

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What I found

Cemetery rules

4. A person may buy the exclusive rights of burial but this does not include any ownership of land.
5. The Council is responsible for maintaining the cemetery.

What happened

6. Mr X’s mother is buried in a cemetery. There used to be a small metal bin near to her grave. The Council replaced the bin with a large blue bin. Mr X complained about the bin which he says is unsightly and disrespectful. He said there had not been any consultation and families had not been asked to comment on the design of the new bin.
7. In response the Council explained it had decided to replace the bins because the small bins were not large enough for all the rubbish. It said the bins were often overflowing and the accumulated rubbish attracted fly tipping and domestic waste. It said food was often thrown away and there were concerns this would attract rodents. The Council said bigger bins were needed to accommodate all the waste. It said the new bins have lids which keep the waste secure. It explained the bins would be placed behind a wooden fascia which would hide the colour and they would be in the same position as the smaller bin. It said it needed to place the bins near the graves for ease of use and it had placed the four bins around the cemetery so everyone could easily access a bin. It explained it was an operational decision that did not require consultation.

Assessment

8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council has upgraded the bins to solve the problem of overflowing rubbish. It has explained why it has made this decision and explained that the bins will be screened to obscure the colour. The Council is responsible for the maintenance of the cemetery and there is no requirement for it to consult on every maintenance decision. In addition, it has explained the bins need to be near the graves which is why it will not move the bin near to Mr X’s mother’s grave.
9. I appreciate Mr X feels distressed but there is no suggestion of fault and no reason to start an investigation. We do not act as an appeal body and we cannot intervene because a council does something that someone disagrees with.

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Final decision

10. 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