Summary: We will not investigate Mr X’s complaint about the Council’s handling of concerns he raised about a crematorium employee. This is because the claimed injustice is not significant enough to warrant further investigation and we could not achieve a worthwhile outcome.

The complaint

1. Mr X complains the Council did not properly consider his concerns about the conduct of a crematorium employee. He wants the employee removed from duties during funerals he attends.

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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:

• any injustice is not significant enough to justify our involvement, 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))

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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 says the Council did not properly consider his concerns about the conduct of a crematorium employee. He wants the employee to be excluded from crematorium duties when he attends funerals.
6. The Council investigated Mr X’s concerns and considered what measures were needed to manage the situation. It did not make findings about the alleged incidents. It put arrangements in place to reduce contact between Mr X and the employee.
7. The injustice Mr X claims stems from having to wait in alternative areas when the crematorium employee is working. While I acknowledge this has caused Mr X frustration, I do not consider that it has caused enough injustice to warrant an Ombudsman investigation. The Council has considered the matter and provided alternative areas where Mr X can wait.
8. The Council has already investigated Mr X’s concerns and acted in response. Further investigation would be unlikely to achieve a different outcome. Mr X wants the Council to remove the crematorium employee during funerals he attends. We have no power to require the Council to take such action. We could not achieve anything more for Mr X.

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Final decision

9. We will not investigate Mr X’s complaint because the claimed injustice is not significant enough to warrant further investigation and we could not achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman