Summary: The Council was not responsible for telling the family about issues digging Mr X’s grave on the day of his burial. Therefore, the Council was not at fault.

The complaint

1. Miss X complained on behalf of her mother, Mrs Y, about her father’s burial and the family grave. Miss X complained the Council failed to notify them that the grave was only suitable for two, not three as Mrs Y had paid for, as the grave had collapsed when it was being dug. Miss X complained the Council did not inform the family before the burial. Instead, they found out months later.
2. Miss X said this denied the family the opportunity to decide what to do before the funeral service and burial went ahead. Miss X said this caused unnecessary distress and upset at an already difficult time.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

7. Mrs Y has given written consent for her daughter, Miss X, to represent this complaint on her behalf. I therefore consider Miss X is a suitable person to represent this complaint on Mrs Y’s behalf.
8. I considered the information and documents provided by Miss X and the Council. I spoke to Miss X about her complaint. Miss X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.

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What I found

Burials

9. People can buy the right to be buried in a specific place in a cemetery, but they do not buy the grave itself. People can often buy burial rights to specific plots in advance, particularly when someone wants to be buried to next to a loved one, or in the same plot.

What happened

10. Mrs Y bought the burial rights to a specific plot in a cemetery. Mrs Y’s intention was that she and her daughter, Miss X, could be buried with her husband, Mr Y.
11. On the day of Mr Y’s burial, the grave partially collapsed due to poor soil conditions. This meant it could only be dug to a certain depth which limited the available space.
12. Mrs Y and Miss X found out months after the burial that the grave was not dug deep enough to accommodate three. They complained to the Council.
13. The Council explained that soil conditions on the day meant it was not possible to dig the grave deep enough to accommodate three. The Council said it told the funeral directors on the day about the issue. It said it did not know why the burial went ahead.
14. The Council recognised this was upsetting and stressful for the family. It offered the family an additional burial plot next to the existing plot at the cemetery at no cost. I understand the family has accepted this.

Analysis

15. Miss X complained the Council did not inform the family before the burial that Mr Y’s grave had collapsed while being dug. This meant the plot could only accommodate two, not three.
16. The Council said the funeral directors purchased the plot on behalf of the family. This meant the funeral directors were the Council’s client, not the family. Therefore, the Council only liaised with the funeral directors.
17. The Council said it told the funeral directors on the day about the issues with the grave. The Council said it was therefore the funeral directors’ responsibility to inform the family on the day, not the Council’s.
18. On balance, I find the Council was not responsible for telling the family about the issues with the grave on the day. I am therefore not satisfied there is any evidence of fault.
19. Further, I am satisfied the Council has done all it can to ensure the family’s wishes are carried out, by offering the adjacent plot at no cost.

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Decision

20. I find no fault.

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Investigator's decision on behalf of the Ombudsman