Summary: We will not investigate Miss X’s complaint about the Council’s decision the memorial garden on her father’s grave needs to be removed. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Miss X complains on behalf of her mother Mrs X, about the Council’s decision the memorial garden planted on her father’s grave needs to be removed, in line with its policy. Miss X says the Council’s approach is excessive and punitive, has caused distress and its decision to remove graveside memorials and gardens from a number of its cemeteries was made without consultation with families. Miss X says the family was not made aware of any such restrictions when the plot was purchased many years ago and disagrees with the Council’s reasons for deciding the items should be removed.

Back to top

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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council. This included the complaint correspondence, a copy of the Notice of Interment signed by Mrs X and the Council’s Cemetery Rules and Regulations (2023).
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X complained to the Council about the matter set out in paragraph 1, above.
8. The Council explained that unofficial memorials, such as the planting and edging on the grave, are not permitted. It referred to its current policy as well as the information held on the notice of interment when the plot was purchased which both state they are not allowed. It apologised for any distress caused by its decision; explained its reasons for doing so and said no enforcement action would be taken for 12 months to allow extra time for the items to be removed.
9. Whilst I acknowledge Miss X disagrees with the Council’s decision and the distress caused, we will not investigate this complaint. This is because there is insufficient evidence of fault by the Council here to warrant an investigation. The Council’s decision has been made in line with both the current policy and the policy and information provided to Mrs X when she purchased the plot several years ago. Mrs X signed the notice of interment which clearly stated “Kerbing/Edging/Planting is NOT permitted on any grave”.
10. The policy has been amended over the years but the restriction remains in place under the Council’s current policy. Its Cemetery Rules and Regulations (2023) states “It is Council policy that no item of whatever description is allowed to be placed upon the actual grave space in a lawned area. These items include fencing, kerbing, bedding plants, vases, flower displays, windmills, any item made from glass and any alcohol found to be left on a grave will be removed and disposed of immediately.”
11. The Council’s decision to act in line with its policy, in asking for the items to be removed is one it is entitled to make. It has clearly explained its reasons for doing so, which are to enable it to correctly maintain the site and to ensure the cemetery is a safe environment. I note Miss X disagrees that these are valid reasons, however it is a matter for the Council to assess and decide. Miss X asked the Council to register her father’s grave as an official garden. There is no provision for this in the Council’s policy.
12. We are not an appeal body. This means we do not take a second look at a council’s decision to decide if it was wrong. Instead, we look at whether there was fault in how it made its decision. If, as here, we decide there was no fault in how it did so, we cannot question whether the decision was right or wrong, regardless of whether Miss X disagrees with the decision.
13. The Council also addressed Miss X’s complaint that an officer used capital letters in an email, which she found unprofessional. It explained why capitals were used and found the correspondence to be professional. There is nothing further we would add to the response the Council has already provided on this point.

Back to top

Final decision

14. We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council here to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman