Summary: We will not investigate this complaint relating to Mrs X’s family member’s grave plots. Parts of the complaint are matters we already considered and decided in 2019, and others are late with no good reason for the delay in complaining to the Ombudsman.

The complaint

1. Mrs X complained the Council:
• exhumed a family member’s remains to place another family member’s remains in the plot;
• sold the family four plots under false pretences, knowing there was insufficient space; and
• acted deceptively and wrongly treated her as vexatious.
2. Mrs X said the matter caused her significant distress. She did not say what outcome she sought from complaining to us.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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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

Parts of the complaint we already considered and decided

6. Mrs X’s complaint includes challenges to our previous decision of 2019. That decision related to her complaint the Council exhumed a family member's remains to place another family member in the plot.
7. I will not consider these points and I will not reconsider matters we already decided. We cannot use a new complaint as a way to circumnavigate our reviews process, and it was open to Mrs X at the time to pursue a judicial review of our decision.
8. Mrs X stated in her complaint that she has found out new information since our previous decision. I have considered her submission to decide whether there is anything Mrs X says she found out which would give rise to a new, sufficiently separable complaint.
9. However, the information Mrs X refers to is largely additional information relating to the substantive matters she already brought to us. Had we decided to investigate her complaint in 2019, it would have been for us to decide what information we needed to obtain. I have addressed matters below that are separable from our previous decision.

Parts of the complaint that are late

10. The law says people should bring complaints to us within 12 months of becoming aware of the matter. Mrs X’s complaint is about events that occurred several years ago.
11. Mrs X was raising her concern the plot did not have sufficient space for four interments in 2019. The Council’s decision to treat her as a vexatious complainant, which it communicated to her at the time, was in 2021. There is not a good reason for the subsequent delay in Mrs X bringing these matters to us and we will not investigate them now.

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Final decision

12. We will not investigate Mrs X’s complaint because it is about matters we have already considered and decided, or that are late.

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Investigator's decision on behalf of the Ombudsman