Summary: Miss X complains the Council did not deal with burial rights properly, causing avoidable distress. The Council is not at fault.

The complaint

1. The complainant, whom I shall refer to as Miss X, complains the Council failed to deal with burial rights properly because it failed to check a burial plot’s ownership details
2. Miss X says she suffered avoidable distress.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Law, guidance and policies

7. A burial authority has the right to grant a person the exclusive right of a burial plot for a period of less than 100 years. No body or remains can be placed in or scattered on the grave without the consent of the owner in writing unless they are the remains of the owner of the grave. The owner of the plot or any relative of the person buried in the grave has the right to place and maintain a memorial or tombstone. (The Local Authorities’ Cemeteries Order 1977)
8. Effecting a legally sound transfer of ownership means ensuring it only transfers to the person(s) entitled. Confirming entitlement should involve requesting a grant of probate or letters of administration. Where these are not available a statutory declaration should be made by the lawful next of kin. (Transfer of rights, The Institute of Cemetery and Crematorium Management)

What happened?

9. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
10. A grave plot was purchased by Mrs A in 1929. Mrs A is now deceased.
11. A person, who I shall refer to as M, completed a statutory declaration in 2022. The Council subsequently transferred the burial rights for the grave to M.
12. M arranged for a family member to be interred in the grave and replaced the memorial.
13. Miss X complained to the Council in October 2024. The Council did not uphold Miss X’s complaint.

Analysis

14. I have reviewed the original grave deed, the burial register and a copy of the statutory declaration received by the Council.
15. The Council says that:
• “It is not at liberty to question the family history of a purchaser of a grave in 1929. All information provided by families in good faith and transferred into the statutory declaration document. The person signing the declaration is asked by accompanying letter to ensure all details are a true and accurate record before signing on oath in the presence of a solicitor, magistrate or commissioner of oaths to swear on oath the information is correct.”
• Miss X, “is adamant that the initial grave owner [Mrs A] had children of which she is a descendant. The information we have been provided is that [Mrs A] did not have any children and therefore we have followed the correct protocols in transferring of ownership to siblings and descendants of siblings when no children were had by the grave owner. We have informed [Miss X] to seek legal advice to challenge this declaration as we have been advised by the Institute of Cemeteries and Crematorium Management.”
16. There is no assertion that the statutory declaration was not properly signed and witnessed, or any indication of such which could have led the Council to have concerns about it.
17. The Council received a valid statutory declaration, regardless of whether the information contained in it about the family history of the grave owner was correct. The Council acted in accordance with the statutory declaration. If the information in that declaration was incorrect, that is not the Council’s fault: it acted in good faith on receipt of a legal document.
18. I agree with the Council. This is not fault.

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Decision

19. I find no fault.

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Investigator's decision on behalf of the Ombudsman