Summary: We will not investigate this complaint about the Council’s decision to refuse to repair a wall in a cemetery and the conduct of an employee. We consider an investigation will not lead to a different outcome. Also, the part of the complaint about historical matters is made too late.

The complaint

1. Mr X complains the Council refuses to repair the wall next to his late son’s grave. He also complains about the conduct of a Council employee and raises historical issues about another 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 or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says that in 2024 he told the Council that stones had come loose in the wall next to his son’s grave. In 2025 he complained to the Council that the wall had not been repaired, and an employee had lied to him. He also raised historical concerns about another cemetery.
7. In response to his complaint the Council confirmed the loose stones have been removed and the wall is safe. However, it does not have the budget to repair the wall at present but intends to do so when funds become available in the future.
8. The Council also apologised for the way the employee dealt with his concerns. And confirmed it cannot consider his historical concerns as the officer involved no longer works for the Council.
9. I understand Mr X is not happy that the Council has not repaired the wall. However, it has confirmed it is safe. It has apologised for the way the employee originally dealt with his complaint. We consider that further investigation will not lead to a different outcome.
10. The law says a complaint must be made to the Ombudsman within twelve months of becoming aware of the matter leading to the complaint. In this case Mr X raises historical matters about another cemetery. As these issues occurred more than a year ago, this part of the complaint is late, and we have seen no reason why Mr X could not have complained to us much sooner.

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Final decision

11. We will not investigate Mr X’s complaint because:
• We consider an investigation into his complaint about the condition of the wall and the conduct of an employee will not lead to a different outcome; and
• We cannot consider his complaint about historical matters as it is too late.

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Investigator's decision on behalf of the Ombudsman