Summary: We will not investigate this complaint about use of an alternative burial plot. This is because we are unlikely to find fault and an investigation by the Ombudsman is unlikely to achieve any additional outcome.

The complaint

1. Mrs X complains the Council did not bury her mother, Ms Y in the agreed burial plot and instead changed the plot on the day of burial to a plot they did not choose.

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 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; or
• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered the information provided by the complainant and I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. In 2018 Mrs X’s mother, Ms Y, purchased a burial plot in a cemetery owned by the Council.
5. On the day of the burial, the plot was changed, and Ms Y was buried in a different plot.
6. Mrs X complains the Council changed the pre-arranged burial plot on the day of burial without prior discussion or consent of the family, causing significant distress.
7. The Council have stated on the day of the burial they found the planed burial plot was subject to significant flooding and instability, meaning it was not possible for the plot to be used. They made a decision to relocate the burial plot to ensure the dignity and safety of the burial.
8. The Council’s Rules and Regulations for Cemeteries and Crematoria Service state “The service reserves the right to relocate a grave number at short notice without prior notice”.
9. From looking at the Councils explanation of the original grave’s condition on the day, I am satisfied the Council made their decision not to use the original plot with proper regard for the conditions. While I appreciate the situation was distressing, I am unlikely to find fault with the Council’s decision not to use the original plot so will not be investigating this part of the complaint further.
10. Mrs X also complains the plot Ms Y was buried in is near a busy path and is not a plot they would have chosen had they been given a choice.
11. The Council have apologised for the location of the new plot and made an offer to exhume and rebury Ms Y. This is an appropriate offer, and an investigation by the Ombudsman is unlikely to achieve any additional outcome.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because we are unlikely to find fault and an investigation by the Ombudsman is unlikely to achieve any additional outcome.

Back to top

Investigator's decision on behalf of the Ombudsman