Summary: We will not investigate this complaint about how the Council enforced its Cemetery Rules and Regulations policy regarding Mr X’s relative’s grave because there is insufficient evidence of fault.

The complaint

1. Mr X complained about the Council’s application of its Cemetery Rules and Regulations policy. Mr X said he was told he could not install stone edging to his relative’s grave but said other graves in the area have stone edging.
2. Mr X says the matter has caused him distress and frustration.

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The Ombudsman’s role and powers

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 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has a policy – the “Cemetery Rules and Regulations” policy. The policy states stone chippings, gravel, and unauthorised stone edgings are not allowed on grave plots. The policy also states the Council will remove these items at its discretion.
6. In its complaint response, the Council told Mr X it understood the sensitive nature of grave sites but reiterated its policy to him. The Council accepted there were times the policy was not enforced for other plots historically, but explained it was in the process of contacting other plot holders to ensure compliance.

Analysis

7. We will not investigate this complaint. The Council’s policy is clear what can and cannot be placed at a grave site. The Council explained its policy and told Mr X stone edging was not allowed on his relative’s grave. Therefore, there is insufficient evidence of fault to warrant an investigation by the Ombudsman.
8. While Mr X said the Council is applying its policy inconsistently, the Council explained why it did not always take enforcement action. In any case, the Council said it was in the process of contacting other plot holders to address compliance. Therefore, there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to warrant an investigation by the Ombudsman.

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Investigator's decision on behalf of the Ombudsman