Summary: We will not investigate Mr X’s complaint about the conduct of Council officers during a family member’s funeral. There is insufficient evidence of fault for part of the complaint regarding Council officers standing near a ceremony. For another part of the complaint, the Council apologised and reminded officers not to begin filling graves before all mourners have left the area. An investigation is unlikely to achieve anything further.

The complaint

1. Mr X complained about the conduct of Council officers at a burial for a family member. Mr X said the officers:
1. stood nearby during the burial ceremony while wearing high visibility clothing;
2. began filling the grave before mourners had completely left the cemetery.
2. Mr X also complained about the Council’s complaint handling.
3. Mr X said the matter caused him distress.

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The Ombudsman’s role and powers

4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

Officer conduct during a funeral

7. Mr X complained Council officers wearing high visibility clothing stood in close proximity during his family member’s funeral service. In its complaint response, the Council explained officers were present for health and safety reasons.
8. Although Mr X was distressed by the presence of the officers, there is insufficient evidence of administrative fault in the actions of the Council to warrant an investigation by the Ombudsman. Therefore, we will not investigate this complaint.
9. Mr X also complained that the officers began filling his family member’s grave before all mourners had left the area.
10. In its complaint response, the Council upheld this complaint and apologised. It explained it would remind staff to wait for all mourners to leave before filling graves.
11. An investigation by the Ombudsman is unlikely to achieve anything further, and so we will not investigate this complaint.

Complaint handling

12. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Consequently, we will not investigate the Council’s complaint handling.

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Final decision

13. We will not investigate Mr X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman