Adur District Council (22 006 133)
Category : Environment and regulation > Cemeteries and crematoria
Decision : Closed after initial enquiries
Decision date : 21 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about works the Council carried out at a cemetery because there is no evidence of fault on the Council’s part.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council’s staff have damaged trees, hedges and monuments at a cemetery.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B complained to the Council about work carried out to hedges at a cemetery where he owns a grave. Specifically, he complained that hedges had been reduced in height with the use of chainsaws. He says this has caused damage to the hedges, which will take years to recover. In response to Mr B’s complaint, the Council denied fault.
- The Ombudsman will not investigate this complaint because there is no evidence of fault on the Council’s part. Mr B believes the works to the hedges are inappropriate. But that does not mean they amount to fault. It is for the Council’s staff to determine the nature and extent of works to the hedges and it is not for us to substitute our judgement for theirs. There are no grounds for us to intervene.
- I have seen no evidence that Mr B has formally complained to the Council about damage to monuments and headstones, so this does not fall to the Ombudsman to consider. Damage to property would, in any case, be a matter between the Council and the property owner.
Final decision
- We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman