Summary: We will not investigate this complaint about the condition of a closed church yard. There is not enough evidence of fault in the Council’s actions to justify an investigation.

The complaint

1. Mr X and Mr Y complain the Council has failed to keep a closed churchyard in good repair. They say this is a health and safety risk to the community.

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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 not enough evidence of fault to justify investigating.

(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. The Guide for Burial Managers 2005 says that “Church of England churchyards that have been closed must be kept in decent order, and their walls and fences in good repair (Local Government Act 1972, s.215).”
6. Mr X and Mr Y complain about the condition of a closed church yard.
7. The Council says its maintenance programme provides mowing and strimming in early summer, mid-summer and early autumn. It also says it works with the church warden who provides ‘eyes on the ground’.
8. The Council confirms a manager has recently inspected the church yard and is satisfied there is no danger to the public. It says some areas are managed for biodiversity and will not be mown.
9. I understand Mr X and Mr Y disagree with the Council’s decision. However, the Ombudsman does not provide an appeal against the Council’s decisions. We will not generally criticise decision making if it has taken account of relevant evidence, in line with the correct procedure, even if the complainant does not agree with the decision made.
10. In this case the Council confirms it cuts the grass three times over the summer to autumn period. An officer has visited the site and is satisfied there is no danger to the public.

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Final decision

11. We will not investigate Mr X’s complaint because further investigation is unlikely to find fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman