Summary: We will not investigate this complaint about the Council not offering the complainant the space she wanted for a memorial bench. This is because it is unlikely an investigation would find fault.

The complaint

1. The complainant, whom I shall refer to as Miss X, complains the Council did not tell her space had become available next to her father’s burial plot for a memorial bench. Miss X says she previously contacted the Council to ask if the space was available and considers the Council should have contacted her first before unfairly offering the space to another family.
2. Miss X also complains the Council gave her the wrong email address to complain to.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, 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

5. I considered information provided by Miss X, including the Council’s response. I also considered our Assessment Code.

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My assessment

6. Miss X contacted the Council to ask if there was space next to her father’s grave to have a memorial bench. The Council advised there was not at the time. The Council says this request was informal and has no record of the call.
7. Space around Miss X’s father’s grave did become available and was reserved by another family who had ordered and paid for a bench.
8. Mrs X also ordered and paid for a bench and during her visit to the cemetery was told the space she wanted had already been allocated to another family.
9. Whilst I acknowledge this may be disappointing for Miss X, the Council could not reasonably be expected to contact her when she had not, at the time, made a formal request for a bench. The Council does not have a policy to call family with burial plots to see if they would like to make use of any surrounding space.

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Final decision

10. We will not investigate this complaint. This is because it is unlikely an investigation would find fault.
11. Whilst we would expect the Council to provide correct details to complainants, it is not a good use of public resources to investigate complaints about complaint procedures, if we are not dealing with the substantive issue.

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Investigator's decision on behalf of the Ombudsman