Buckinghamshire Council (25 029 226)
Category : Environment and regulation > Cemeteries and crematoria
Decision : Closed after initial enquiries
Decision date : 28 Jun 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mrs Z’s complaint about liability for injury sustained in a Council-maintained cemetery. Only a court can determine liability and award compensation.
The complaint
- Mrs Z, represented by Mr Y, complained she was injured in a Council-maintained cemetery.
- Mrs Z wants the Council to compensate her for her injury.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- 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 cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr Y.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs Z complained to the Council after she sustained injury while attending a Council-maintained cemetery.
- The Council’s legal representative told Mrs Z it did not accept liability for the incident and set out its reasons.
- We cannot investigate this complaint. The Ombudsman cannot determine liability in a legal dispute, only a court can. It is reasonable to expect Mrs Z to go to court to establish liability.
- We also cannot achieve the outcome that Mrs Z wants. In the complaint to us, Mr Y said the Council should pay compensation to Mrs Z. It is not our role to assess economic losses or award compensation, and we direct people to the courts where that is their primary goal.
Final decision
- We cannot investigate Mrs Z’s complaint. Only a court can determine liability and award compensation.
Investigator's decision on behalf of the Ombudsman