Summary: We will not investigate this complaint about the Council’s 2015 decision to rescind the complainant’s grant of exclusive right of burial for a burial plot he purchased in 2012, following his partner’s death. This is because the complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider the matter now.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s 2015 decision to rescind the deed of exclusive right of burial he held for a burial plot he purchased in 2012, following his partner’s death. The Council decided this on the grounds that Mr X had falsely represented that he was his partner’s next of kin, whereas her daughter was the next of kin.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant. This included correspondence from the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X has clearly been aware of this matter and the Council’s decision to rescind the deed since 2015. He complained again to the Council in late 2018 and in May 2019, the Council signposted him to this office should he remain dissatisfied.

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Final decision

8. We will not investigate Mr X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. Mr X has clearly been aware of the Council’s decision since 2015 and the complaint could have been made much sooner. I see no good grounds to exercise discretion to consider this very late complaint now, some six years on.

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Investigator's decision on behalf of the Ombudsman