Summary: We will not investigate this complaint about the Council’s response to Mr X’s complaint regarding his relative’s cremated remains. This is because an investigation would not result in a different outcome.

The complaint

1. Mr X complained to the Council after receiving his relative’s cremated remains with another person’s details.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

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

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My assessment

5. Mr X complained to the Council after he received his relative’s cremated remains with another person’s details inside. He was also unhappy the employee he reported this to was insensitive.
6. The Council apologised and told Mr X his relative’s details were switched with someone else’s due to an administrative error. The Council said it did not have a recording of the phone call, but it had spoken to the employee involved and they had not intended to be insensitive. The Council offered Mr X £750 to address the upset he and his family experienced.
7. Mr X remains unhappy with the Council and wants us to find it at fault. The Council has investigated what happened and conceded fault. The Council has offered Mr X a remedy which is in line with the Ombudsman’s guide on remedies. This is what we would expect the Council to do. The Ombudsman does not recommend punitive remedies. An investigation would not lead to a different outcome for Mr X.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman