Summary: We will not investigate this complaint about the Council’s investigation into an incident which took place at a local cemetery. This is because an investigation would be unlikely to lead to a different outcome for Mrs X.

The complaint

1. Mrs X complains the Council did not properly investigate after human remains were found in a relative’s grave. She said she and her family have experienced distress and upset due to the Council’s actions.

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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 or may decide not to continue with 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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X and some of her family members discovered human remains in her late relative’s grave after it had been filled by Council workers.
6. Mrs X complained to the Council and told it to move the workers responsible for filling the grave to another cemetery. The Council investigated the situation alongside the police. It was concluded that no criminal offence had been committed and the remains were fragments from a nearby burial plot.
7. The Council apologised, arranged for the exhumation of Mrs X and the relative’s grave and offered Mrs X a £250 financial award for her time and trouble. The Council also said it would instruct its workers to take more care when backfilling graves and offered Mrs X another grave if human remains were found in her plot.
8. Mrs X wants us to find the Council at fault for failing to relocate the workers and the time taken to conduct the investigation. The evidence shows the Council investigated the situation and took action to address the issue within a timely manner. The Council has offered Mrs X a reasonable financial award which is in line with the Ombudsman’s approach to financial awards. These were satisfactory actions for the Council to take.

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Final decision

9. We will not investigate Mrs X’s complaint because further investigation into this matter would be unlikely to result in a different outcome for Mrs X.

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Investigator's decision on behalf of the Ombudsman