Summary: We will not investigate this complaint about a burial in the baby section of a cemetery. This is because there is insufficient evidence of fault and injustice.

The complaint

1. The complainant, Mr X, complains about the Council’s response after he tried to arrange a burial in the baby section of a cemetery.

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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, or
• any fault has not caused injustice to the person who complained.

(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 Mr X and the Council. I also considered our Assessment Code.

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My assessment

4. Mr X is a funeral director. He tried to arrange a burial in the baby section of a cemetery. The Council declined because the baby was less than 24 weeks gestation when they died. After an intervention by Mr X the Council changed its policy and allowed the burial.
5. Mr X has raised many complaints including how the Council handled the request, its reluctance to change, its complaint handling, and the impact the Council’s approach may have had on other families.
6. The garden was developed in the 1990s with support from a stillborn and neonatal death charity. At that time, a stillborn death was regarded as being from 28 weeks gestation. The Council agreed with the charity that the garden would be reserved for deaths occurring after 28 weeks. In about 1992 the law changed and the stillborn definition moved to 24 weeks.
7. The Council says that when it declined Mr X’s request, it was following the policy it had had since 1990 and the subsequent change in the law which it followed. The Council contacted the charity, after the contact from Mr X, which said it had no objection to the Council offering burial space to deaths under 24 weeks. The Council changed its policy in 2024 and offered a burial to Mr X’s customer and to anyone else who may request one.
8. Mr X has made many complaints about the Council’s approach and response, but I have not seen evidence of fault requiring an investigation. It appears the charity may have changed its approach over the years so it now has no objection to the Council using the space for a younger baby. The Council was unaware of this evolving view but altered its policy when it received new information from the charity. There was not a change in the law, as Mr X alleges, but rather the Council changed its policy when it became aware there would not be any objection from the charity.
9. I also will not start an investigation because there is insufficient evidence of injustice. Mr X pursued an issue he felt strongly about and achieved a successful outcome for the family; but I have not seen anything to indicate any of the events caused him an injustice.

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Final decision

10. We will not investigate this complaint because there is insufficient evidence of fault and injustice.

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Investigator's decision on behalf of the Ombudsman