Summary: We will not investigate this complaint about the Council’s application of a Memorial Permit fee at its cemeteries. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains about the fee charged by the Council to process a Memorial Permit application at its cemeteries. He does not accept the Council’s view that the fee is fair and accurate and he says that it does nothing for it.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (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, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council about its fee in relation to Memorial Permits which applies to the cemeteries in its area.
7. The Council responded to Mr X’s complaint and explained the charge covered administration costs and various attendances to ensure quality standards.
8. It is not our role to act as a point of appeal. We cannot question decisions councils make if they have followed the right steps and considered the relevant evidence and information.
9. While Mr X may believe the charge is unfair, it is the Council’s decision to make and there is no evidence to suggest fault affected it.
10. We will not investigate complaint handling matters when we are not investigating the substantive issue and if Mr X believes the Council is responsible for a data breach then it is open to the party concerned to contact the Information Commissioner’s Office, the body best placed to deal with such matters.

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Final decision

11. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman