Summary: We will not investigate this complaint about the Council providing Mr X with incorrect information about the depth remaining in a family burial plot. This is because an investigation would not lead to a different outcome.

The complaint

1. Mr X complains the Council provided him with incorrect information about the depth of the family burial plot. He also complains the Council exhumed his grandfather and aunt when it prepared the plot for his mother’s burial.

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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 an investigation if we decide 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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council told Mr X the family’s burial plot was too shallow to accommodate the full burial of his mother. The Council advised Mr X to organise for a cremation. This incurred additional expenses for Mr X.
6. The Council later told Mr X two working days later that the plot could accommodate a full burial.
7. The Council has accepted it was at fault for providing incorrect information about the depth of the burial plot. The Council has offered to reimburse Mr X for the expenses he incurred in having to organise a cremation. The Council also offered to waive its burial and grave transfer fees in recognition of the distress caused by the fault.
8. An investigation would not lead to a different outcome as the Council has accepted fault for the incorrect information and also offered Mr X a suitable remedy to put right the injustice caused by the fault.
9. Finally, I note Mr X considers the Council must have exhumed his grandfather and aunty during preparation of the burial plot for his mother. This is because the Council dug the grave to 46 inches, but he was told there was only 30 inches left in the plot. I recognise the distress this must have caused Mr X. However, it is unlikely an investigation would be able to make any findings on the matter.

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Final decision

10. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman