Summary: We will not investigate this complaint about the Council’s alleged failure to properly inform Ms X about its burial plot availability. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Ms X complained that the Council’s website was misleading and gave her the impression Muslim burial plots were available for pre purchase at one of its cemeteries.
2. Ms X said she has been caused distress and upset by the Council’s actions.

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The Ombudsman’s role and powers

3. 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:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X purchased a burial plot for her mother and contacted the Council to pre purchase the plot next to it for her father. The Council told Ms X that because of the way Muslim plots are dug, the plot next to her mother’s was not available.
7. Ms X complained that the Council’s website said plots were available for prepurchase and she would not have bought her mother’s plot if she had known the plot next to it was unavailable.
8. The Council explained the plot she wanted would not be suitable for a Muslim burial and updated its website to reflect this.
9. Ms X remains unhappy with the situation and wants us to find the Council at fault. The Council’s website invited prospective plot buyers to contact it to discuss suitable burial plots. It is likely that if Ms X had done this when she purchased her mother’s plot, the Council would have informed her of the plot availability. It is not reasonable to expect the Council to know Ms X’s motivations for buying a particular plot or to update its website with plot availability for all its cemeteries as this is likely to change due to a range of factors. The Council has updated its website to prevent this happening again in future. Whilst this is a regrettable situation, the evidence shows the Council has acted in the manner we would expect.

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Final decision

10. We will not investigate Ms X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman