Summary: We will not investigate Miss X’s complaint about dogs in a Council cemetery. This is because an investigation by this office would not be able to add to the response the Council has already provided via its own previous investigation of the matter.

The complaint

1. The complainant, whom I shall call Miss X, complains about the impact of dogs being allowed to exercise off the lead in a Council cemetery.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X complained to the Council about the impact of dogs being walked off the lead in a Council cemetery where Miss X’s family member is buried.
7. Miss X says when the plot was purchased dogs were only allowed on the site if they were on a lead. In 2019, the Council allowed dogs to be exercised in the cemetery off the lead. Miss X says there is dog poo across the site and large numbers of dogs are walked there which causes a nuisance to people visiting their loved ones’ graves. Miss X no longer visits the cemetery as a result.
8. The Council apologised to Miss X for the issues she was experiencing due to some dog owners not sticking to the guidelines. It explained it had taken a number of actions to address the issue. This included: undertaking an investigation into the issues raised; asking Council Enforcement Officers to check and issue Fixed Penalty Notices to any dog owners who fail to keep their dogs under control; asking the service area to monitor the situation; distributing leaflets throughout the cemetery with guidance on dog handling; asking grounds staff to collate details and provide feedback and a review of the current position which allows dogs to be exercised off the lead.
9. We will not investigate this complaint. This is because the Council has already taken suitable action to address the issues raised in Miss X’s complaint and there is nothing further we would add or recommend were we to investigate. Also, the outcome Miss X seeks in complaining to this office, which is for dogs to be banned from the cemetery, is not achievable via an investigation by this office. This is a policy matter for the Council to decide.

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Final decision

10. We will not investigate Miss X’s complaint because an investigation by this office would not be able to add to the response the Council has already provided via it own previous investigation and we cannot achieve the outcome Miss X seeks.

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Investigator's decision on behalf of the Ombudsman