Summary: We will not investigate this complaint about the Council’s graveyard work. This is because it is unlikely further investigation will lead to a different outcome and it is unlikely we could add to the Council’s investigation.

The complaint

1. Miss Y complains the Council:
• Failed to take precautions while carrying out work next to her family’s plot, drove over the plots, causing damage to her family’s graves. She complains the Council then failed to repair the damage, including not re-placing a gravestone it had moved to allow for the work; and
• Told her it did not accept complaints by telephone, only in writing and then after she wrote to it, closed her complaint without her knowledge or agreement.
2. Miss Y says the Council’s actions have deeply upset her and her family. She says the Council damaged the graves and the family will need to pay for a grave “upgrade” to replace the headstone and kerb sets. She says she felt frustrated by the Council’s poor complaint handling.

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The Ombudsman’s role and powers

3. 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.

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

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How I considered this complaint

4. I have considered the information Miss Y provided. Miss Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Miss Y visited her family’s grave plot in February 2021. The plot had been damaged, with large tyre marks and the gravestone moved and laid down. She contacted the Council by phone to complain. The Council told her she would need to complain in writing and did not accept a complaint by telephone. Miss Y emailed the Council to complain later that day.
6. The Council investigated, providing a final response in April which upheld most of Miss Y’s complaint. However, it found, to complete the work needed in the graveyard, it had had to place machinery over graves. It said this was not fault but agreed it should have used surface boards to prevent damage. It admitted fault for not replacing the gravestones but said the headstones had not been correctly fitted before the work. It said if it had refitted the stones, it may have been unsafe.
7. The Council’s response apologised for the fault and upset caused. It said it had reiterated to staff in its bereavement services team that processes, and guidance should be followed when carrying out work to graveyards to prevent further issues. It also said it had reminded its customer service staff of the procedures when dealing with complaints by telephone. It also explained why Miss Y’s complaint had been closed and apologised for its error. The Council also offered to waive the costs of resetting the gravestone, which would amount to £267. It also offered £250 to Miss Y to recognise the emotional impact of the fault on her and the family, which it suggested could be used to partially pay for a new headstone and kerb sets. These replacements were needed despite the fault as they did not meet the required standard for materials used and fitting.

Analysis

8. The Council’s investigation into the complaint has been thorough with several staff being consulted and records considered. The Council has accepted fault and has offered an apology and financial remedy to recognise the distress caused to the family. Where it has not accepted fault, it has explained this in detail. It has also waived costs the family may otherwise have incurred to have the headstone reset at the top of the grave site.
9. The Council has however, not offered to pay for a new headstone of new kerb sets for the grave, despite moving these to allow for the works. This is because the gravestone and kerb sets did not meet the requirements for the construction and fitting of these items within the graveyard. These requirements have not been introduced after or because of the Council’s fault. As the need for replacements is not caused by the fault, the cost of this work is not a resulting injustice and is the responsibility of the grave owner.
10. As the Council has properly considered the complaint and its impact, it is unlikely we could add to the original investigation. The Council has offered a proportionate and appropriate remedy for the injustice caused by its fault so it is unlikely further consideration of this complaint would lead to a different outcome.

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Final decision

11. The Ombudsman will not investigate this complaint because it is unlikely further investigation will lead to a different outcome and it is unlikely we could add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman