Summary: We will not investigate this complaint about the Council charging more for burial costs to a non-resident person, than it does to one of its residents. The Council’s actions have not caused X a significant personal injustice and there is no worthwhile outcome achievable.

The complaint

1. X complained the Council was wrong to charge an increased burial fee, to residents, who did not live in its area, over residents who do live in its area. They said the amount it charged was significantly more and was unfair to the non-resident people they encounter.
2. X said the Council cannot show how it properly made this decision and wants it to review the charge.

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The Ombudsman’s role and powers

3. 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 fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, 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

4. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. X provided us with information about how the Council’s approach to burial costs has impacted upon them, because of the contact they have with people affected by the increased costs.
6. We will normally only investigate a complaint where the complainant has suffered serious loss, harm or distress as a direct result of faults or failures by an organisation.
7. In addition, we will not normally investigate a complaint where the complainant appears to be using their enquiry as a way of raising something of general concern, but where they have not suffered a direct injustice or loss.
8. I am not satisfied the impact X describes because of the Council’s policy, is a significant personal injustice, directly affecting them. Therefore, I will not investigate their complaint.
9. Additionally, there is no worthwhile outcome we could achieve even if we were to investigate. We could not say whether a charging policy is lawful, discriminatory, or require a council to change its fees or charging structure. Setting burial charges is a matter of local policy and discretion for the Council.
10. Finally, nor will I consider X’s concern about how the Council responded to their complaint about this matter, because it is not proportionate to do so, where I have decided not to investigate the underlying concern.

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Final decision

11. We will not investigate X’s complaint because there is no significant personal injustice and there is no worthwhile outcome achievable.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman