Summary: We will not investigate this complaint about problems which occurred during the burial of the complainant’s mother. This is because we could not add anything to the Council’s response or achieve anything more.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained about problems during his mother’s burial. Mr X said the grave was not large enough meaning the coffin could not lie flat on the base of the grave. Mr X also complained about a comment made by a member of staff. Mr X wants compensation and an apology.

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 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, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. In its response to Mr X’s complaints the Council said it dug the grave to the dimensions provided by the funeral director. But on the day of the burial the coffin was slightly larger than expected. This meant it dipped slightly when lowered. This was not unusual, but the Council accepted it could be upsetting if not expected.
6. The Council said the lower part of the grave was not cut to perfect 90-degree angles due to the geology of the grave. But it was within tolerances. The coffin was within one inch of the ground and backfilled soil would fill any voids.
7. The Council was sorry for a comment made by a member of staff about how the grave had been dug.
8. The Council waived the interment fee of £575 and the permit fee for a headstone.
9. I understand how important the issue at the heart of Mr X’s complaint is. But we will not start an investigation. This is because the Council has provided what I consider to be reasonable and proportionate responses to Mr X’s complaint. It has apologised and offered a financial remedy. It is unlikely that if we investigated we would recommend this remedy be increased. We could not resolve any disputes about what exactly happened on the day. We could not add anything to the response Mr X has already received and so an investigation is not appropriate.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we could not add anything to the Council’s response or achieve anything more.

Back to top

Investigator's decision on behalf of the Ombudsman