Summary: Mr X complained about the Council’s actions in relation to his mother’s grave. The Council was not at fault.

The complaint

1. Mr X complained about the Council’s actions in relation to his mother’s grave. He said during a burial service which took place nearby, the Council disrespected and ruined his mother’s grave. Mr X also complained the Council did not allow his mother to be buried next to a relative’s grave. Mr X said the matter has been extremely upsetting for him and his family. He wants the Council to apologise to him and his family. He also wants the Council to put measures in place to prevent a similar incident from happening again.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the information provided by Mr X.
6. I considered the information provided by the Council.
7. Mr X and the Council had the opportunity to comment on the draft version of this decision. I considered any comments I received before making this final decision.

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What I found

What happened

8. In August 2021, Mr X’s mother died. Mr X asked the Council if his mother could be buried next to a relative’s grave who had recently been buried at the local cemetery. The Council did not allow this. It explained to Mr X because the relative’s burial had taken place fewer than six months ago, the surrounding ground would not be safe to excavate. Mr X’s mother was therefore buried at another location at the cemetery.
9. Three months later, Mr X found a burial had taken place next to his mother’s grave. He said during the burial, the Council had:
• placed a large amount of soil and equipment on top of his mother’s grave;
• destroyed his mother’s flowers and plants; and
• allowed mourners of the burial service to stand on top of his mother’s grave.
10. Mr X complained to the Council. He said the Council had disrespected and ruined his mother’s grave. Mr X asked the Council why it had allowed a burial to take place next to his mother’s grave only three months after she had been buried yet it had not allowed his mother to be buried next to their relative’s grave. Furthermore, Mr X asked the Council why it had not told him or his family a burial was due to take place next to his mother’s grave.
11. Mr X told the Council he and his family had to tidy up his mother’s grave. He said the matter had been significantly upsetting for him and his family.
12. The Council responded to Mr X and said:
• it was the responsibility of the Funeral Director to arrange funerals and instruct mourners not to disturb adjoining or nearby gravesites;
• when staff prepare a new grave, they follow the Council’s standard practice. Staff consider where to place the soil of the new grave. The soil is usually placed on the left or right side of the grave however this is subject to the condition of the ground, existing nearby gravesites and the number of mourners expected to attend the funeral. If the soil needs to be placed on top of an adjacent grave, staff will place boards on top of the existing grave to provide some level of protection;
• staff completed a risk assessment before choosing the site next to Mr X’s mother’s grave for the new burial. They decided the left side of the new grave was the safest location for mourners to stand and observe the funeral. Adjacent to the right side of the grave was Mr X’s mother’s grave. They placed protective boards and soil on the right side of the grave which was on top of Mr X’s mother’s grave. Equipment such as shovels and spades were also placed alongside Mr X’s mother’s grave for mourners to use to place the soil into the grave;
• if an existing grave is used to assist a new burial, staff restore the condition of the grave on the same day. In this case, due to adverse weather conditions, staff were not able to restore Mr X’s mother’s grave on the same day. They had planned to restore the grave once the weather conditions had improved. The Council however, acknowledged and appreciated Mr X and his family had restored the grave instead;
• it did not allow his mother to be buried next to their relative as at the time, the ground could not be safely excavated. It said it uses six months as a guide as to when the ground can be safely excavated. In this case, when staff completed the risk assessment, they decided the ground next to Mr X’s mother’s grave could be safely excavated and used as a burial place; and
• it does not inform relatives of someone who had previously been buried at the cemetery that a burial is due to take place nearby. This is because it could add delay to the burial process which would affect newly bereaved relatives.
13. The Council did not uphold Mr X’s complaint. However, it recognised it could improve how it worked with the funeral leads in the community. It said going forward, where a burial is due to take place alongside existing graves, the funeral leads will inform people in the community of this and that protective boards and soil may be placed on top of the existing graves.
14. Mr X remained unhappy and complained to us.

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Findings

15. Mr X said the Council allowed mourners to stand on his mother’s grave. However, it was the responsibility of the Funeral Director to manage individual’s behaviour during a burial service. The Council was not at fault.
16. Mr X said the Council placed soil and equipment on his mother’s grave. The Council can use another gravesite to assist a nearby burial, if required. In this case, it assessed the location for the new burial place and used Mr X’s mother’s grave for the soil and equipment. The Council placed protective boards over Mr X’s mother’s grave. It followed its standard practice when it prepared the new burial site and so was not at fault.
17. The Council was not able to restore Mr X’s mother’s grave on the same day as the new burial due to the weather conditions. The Council was entitled to decide whether conditions were not sufficiently safe for its staff to work in. It was not at fault.
18. The Ombudsman cannot question a Council's decision if it is made without fault. Mr X was unhappy the Council would not allow his mother to be buried next to their relative due to the timescale between the burials. However, the Council allowed a burial to take place next to his mother’s grave within three months of her being buried there. The Council properly assessed the conditions of the ground next to Mr X’s mother’s grave before deciding it was safe to use. There was no fault in how the Council came to its decision so I cannot question the outcome.
19. Mr X said the Council did not inform him or his family that a burial was due to take place next to his mother’s grave. The Council said informing families would cause delay to the burial process. The Council has the choice to decide where to place new graves and is not required to communicate those decisions to family members of people previously buried in the cemetery. It was not at fault for not telling Mr X or his family about the new burial.
20. However, since Mr X’s complaint, the Council has made changes to how it communicates with the local funeral leads. As a result, the funeral leads will now inform the community where a burial is due to take place next to existing graves, the Council may place protective boards and soil on top of them. While I have not found fault with the Council, I welcome this review as a way for the Council to improve its services.

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Final decision

21. I have now completed my investigation. The Council was not at fault.

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Investigator's decision on behalf of the Ombudsman