Summary: We will not investigate this late complaint about a burial in 2021. There is not a good reason for the delay in complaining to the Ombudsman about the matter.

The complaint

1. Mr X, on behalf of Mrs Y, complained the Council buried Mrs Y’s husband in the wrong grave. His body had to be exhumed and a second funeral took place. They say the Council can’t put the matter right, but they want the Ombudsman to decide an appropriate remedy for the Council to pay for its mistake.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The complaint concerns a burial in late 2021. Mrs Y and Mr X complained to the Council, then they contacted the Ombudsman in early 2022. We explained they needed to give the Council the opportunity to consider the complaint before we could, and we asked them to contact us again if they did not receive a satisfactory complaint response from the Council within 12 weeks of complaining.
7. The law says people should complain to us within 12 months of becoming aware of the matter. We can consider late complaints if there are good reasons for the delay and if we believe we have a reasonable chance of a fair investigation.
8. There is not a good reason for the further year delay in Mr X and Mrs Y contacting us to make a new complaint about the matter. Mr X says Mrs Y’s son wrongly told the Council Mrs Y no longer wished to complain. However, it was open to Mr X and Mrs Y to contact us within 12 months of the burial.

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Final decision

9. We will not investigate Mrs Y and Mr X’s late complaint because there is not a good reason for the delay in them complaining to us.

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Investigator's decision on behalf of the Ombudsman