Summary: We will not investigate this complaint about the Council’s decision to restrict the size of the headstone the complainant can erect. This is because it is unlikely we could add to the Council’s response or achieve anything more for the complainant.

The complaint

1. Mrs Y has complained on behalf of her father, Mr X, about the Council’s decision to restrict the size of the headstone he can erect for his late wife. Mr X says the Council failed to tell him about any size restrictions when he purchased the plot, and he was led to believe he could choose any style and size he wanted based on the other headstones in the cemetery. Mrs Y says her father has been caused considerable distress by the matter and would not have bought the plot had he known about the rules.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by Mrs Y and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council says the stone mason Mr X spoke to about his plans for the headstone told him about the Council’s size restrictions. Therefore, the Council says Mr X was aware of the rules when he made his decision about the headstone. However, the Council accepts the rules and regulations for headstones were not on its website when Mr X purchased the plot. It has offered to pay reasonable costs to modify the headstone to meet the permitted size requirements.
6. While I understand how upsetting this matter must have been for Mr X, I consider the Council’s offer a suitable remedy in the circumstances and it is unlikely an investigation by the Ombudsman would add to its response or achieve anything more for Mr X.

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Final decision

7. We will not investigate Mr X’s complaint because it is unlikely an investigation could add to the council’s response or achieve anything more for Mr X.

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Investigator's decision on behalf of the Ombudsman