Summary: We will not investigate this complaint about an over-running service fee that the Council charged the complainant’s funeral director. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains about a £150 fee for an over-running funeral. She says the Council lied and showed no compassion.

Back to top

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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence and the extra fee charge sent to the funeral director. I considered our Assessment Code and invited Ms X to comment on a draft of this decision.

Back to top

My assessment

4. The Council charges a fee for over-running funerals.
5. Ms X used a funeral director to arrange a funeral. The Council issued an over-running service charge of £150 to the funeral director because the service ended 10 minutes late. The Council told the funeral director they could challenge the fee. The funeral director asked Ms X to pay the fee. The Council told me the funeral director has not contacted the Council to dispute the charge.
6. Ms X complained to the Council. She said her funeral started late because the previous funeral over-ran. She said she would not pay the fee.
7. The Council explained that her funeral was booked to start at 11.20am and her funeral director had access to the chapel at 11.19am. It said a mourner spoke to the congregation after the time the funeral was booked to end. The Council explained that funerals need to run to time and people can book more time, in advance, if needed. The Council said it had billed the funeral director and this was a matter Ms X would need to address with the funeral director.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The policy says the Council will charge a fee for over-running funerals. The Council charged the fee to the funeral director, not to Ms X, and it is reasonable to expect the funeral director would have challenged the charge if they disagreed the funeral over-ran or if they thought the late running was caused by the previous service. But, the Council has not received any challenge. Ms X does not have a direct relationship with the Council regarding the fee and would need to take the matter up with the funeral director.

Back to top

Final decision

9. I will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman