Summary: We will not investigate this complaint about the condition of a grave. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council has not taken any action to resolve flooding around her son’s grave. Mrs X wants the Council to provide a solution.

Back to top

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 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 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))

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

Back to top

My assessment

4. Mrs X complained to the Council that her son’s grave is often waterlogged. She also complained of weeds in the summer. Mrs X explained how distressing it is to visit her son and find the grave surrounded by water.
5. The Council explained it had investigated the drainage issues in 2022 and 2023 and found there is no action it can take. It explained why and its reasons included the topology of the land and the composition of the soil. The Council also explained it would be too expensive to use pumps or specialist contractors. It said it had considered installing a solid foundation and matting but decided it would not be in keeping with the nature of the site. The Council explained that general maintenance is carried out but the degree is dependent on the area of the cemetery.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate Mrs X finds the conditions around the grave upsetting and she has explained the impact on her and her family. However, there is no suggestion of fault in the way the Council responded. It investigated whether it could improve the drainage and then explained, in some detail, why a solution is not possible. This is mainly to do with layout and the condition of the soil. I acknowledge Mrs X wants the Council to improve the drainage but, as it has considered her request, investigated the drainage and explained why it cannot take any action, then there is nothing to suggest fault in the way it responded. We are not an appeal body and we cannot intervene simply because someone is disappointed with a response to a request.
7. In addition, while Mrs X is unhappy with the degree of general maintenance there is, again, not enough indication of fault to require an investigation. The Council has confirmed it does do maintenance and in some documents Mrs X stated that staff helped with issues around the grave. I appreciate there may, at times, be more weeds than Mrs X thinks are appropriate but this is likely to happen in areas where there is periodic maintenance and weed growth that may fluctuate depending on the weather conditions between times of maintenance.

Back to top

Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman