Summary: We will not investigate this complaint about the Council’s maintenance of a cemetery hedge. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mrs X complained about the Council’s maintenance of a cemetery hedge which is next to her property.

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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 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).)

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How I considered this complaint

3. I considered information provided by Mrs X and the Council, and the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X said that the Council has not properly maintained a cemetery hedge next to her property.
5. The Council told Mrs X it had maintained the hedge in line with its service and safety standards. It is up to each Council to decide the standard and frequency of cemetery maintenance.
6. We cannot question whether a Council’s decisions are right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way decisions were reached.

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Final decision

7. We will not investigate Mrs X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman