Summary: We will not investigate this complaint about the Council’s handling of the arrangements for the burial of the complainant’s brother. An investigation is unlikely to lead to a different outcome, and we are satisfied with the action the Council has already proposed in response to the complaint.

The complaint

1. Mrs X complains about errors and inadequacies in the way the Council arranged her brother’s funeral. In particular, Mrs X says:
• Her family wanted a double casket plot, and they were unaware the Council can only provide a single casket plot or a double coffin plot. She highlights that the interment form did not have anywhere to select a single or double plot and, as the form only needs to be submitted two days before the funeral, there is not much time for mistakes to be identified.
• The Council did not provide an email confirmation upon booking.
• Incorrect information is being given to managers.
2. Mrs X appreciates the Council was ultimately able to accommodate the burial, but says the matter should have been sorted out before, so that she was not put in such a difficult position when she was grieving the loss of her brother and trying to plan everything for the day.

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The Ombudsman’s role and powers

3. We can 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. So, we do not start an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. We may also decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council, which included their complaint correspondence.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I appreciate this has been a very difficult time for Mrs X and her family.
8. But, with reference to paragraph 3 above, I do not think an investigation by the Ombudsman would lead to a different outcome. In reaching this view, I am mindful that:
• While it might be good practice, and is something I understand the Council is exploring, its current booking procedures do not include sending a confirmation email. So, I cannot say the Council has acted with fault for not sending one.
• The Council says at the time of booking, Mrs X’s funeral director did not advise they wanted a casket burial. It says this is evidenced by the fact the funeral was not booked at the time specifically reserved for casket services. The Council also says a casket burial wasn’t mentioned during a meeting with the family at the cemetery. However, Mrs X says she was present when the funeral director called the Council to make the booking, and says a casket burial was requested. In the absence of any independent evidence, the Ombudsman could not establish whether a casket burial was specified when the booking was made. Therefore, an investigation by the Ombudsman would not lead to a different outcome.
• It is not a proportionate use of our resources to investigate ancillary matters when we are not investigating the substantive complaint.
9. The Council says it will consider Mrs X’s feedback when updating its forms in the future. And it offered the right of burial at the grave beside the brother for 25 years, waiving the associated cost of £4,246. I consider the Council’s gesture is a satisfactory way to address the complaint.

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Final decision

10. We will not start an investigation into Mrs X’s complaint because it is unlikely to lead to a different outcome, and we are satisfied with the action the Council has already proposed in response to the issues raised.

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Investigator's decision on behalf of the Ombudsman