Summary: We will not investigate this complaint about the Council refusing to relocate a plaque at a crematorium which the complainant thinks has been moved. There is insufficient evidence of fault in the way the Council reached its decision, and our continued involvement is unlikely to lead to a different outcome.

The complaint

1. Mrs X complains a plaque, marking the position of her parents’ ashes at a crematorium, has been moved, and another family’s plaque has been put it its place. She says the Council is refusing to return the plaques to their correct position.

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The Ombudsman’s role and powers

2. We can 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. So, we do not start 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
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

3. With regard to the first bullet point above, we can 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)

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This included their complaint correspondence, and information about the Council’s enquiries with the other family.
5. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. I appreciate this situation is causing distress and upset for Mrs X and her family.
7. But the Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Instead, we look at whether there was fault in how the Council reached its decision. If we decide there is insufficient evidence of fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
8. Here, the Council considered the information supplied by Mrs X. It also contacted members of the other family, who confirmed they visit the site often and did not think their plaque had been moved. In the absence of any other evidence, the Council decided it would not relocate the plaques.
9. I find there is insufficient evidence of fault in the way the Council has reached this decision, and the continued involvement of the Ombudsman is unlikely to uncover new or independent information to confirm the correct locations of the plaques. So, we will not start an investigation.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault in the way the Council reached its decision, and our continued involvement is unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman