Summary: We will not investigate this complaint about burial arrangements for Mr X's brother. We are satisfied with the actions the Council has already proposed in response to his complaint, and we cannot achieve the outcome that Mr X wants.

The complaint

1. Mr X complained about burial arrangements for his brother. Mr X’s brother was buried in a shared grave in the 1980’s, when this was a common arrangement at the time. Mr X was not aware of this until recently when he made enquiries to the Council.
2. Mr X also said there was unacceptable delay in the Council responding after he complained to it.
3. Mr X wants the Council to provide a small patch of land within the cemetery and buy a headstone for his brother.

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The Ombudsman’s role and powers

4. 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:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants

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

5. We may also decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I appreciate this has been a very difficult time for Mr X and his family.
9. But, with reference to paragraph 3, I do not think that an investigation by the Ombudsman would lead to a different outcome. In reaching this decision, I am mindful that:

• The Council has already given wider consideration to this issue for the benefit of families that may be affected, as evidenced by the dedicated page on its website and the team it has set up to offer support to those affected.
• The Council has acknowledged the delay in responding to Mr X, and offered a financial remedy for the time and trouble he took to pursue his complaint which is in line with our guidance. We could not add anything further to the finding the Council has already reached.
• We cannot instruct the Council to provide Mr X with a small patch of land within its cemetery, nor to purchase a headstone for Mr X’s brother. The Council’s procedures do not offer land or headstones without cost, so I cannot say it is at fault for not providing these to Mr X.

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Final decision

10. We will not start an investigation into Mr X’s complaint because we are satisfied with the actions the Council has already proposed in response to his complaint, and we cannot achieve the outcome that Mr X wants.

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Investigator's decision on behalf of the Ombudsman