Summary: We will not investigate Ms X’s complaint about burial charges. This is because there is insufficient evidence of fault by the Council to warrant an investigation.

The complaint

1. Ms X complained to the Council about the cost of burial when dealing with funeral arrangements for her father. She said the fees charged for residents and non-residents were unfair and appeared to be set to meet financial targets. She said she felt exploited at having to pay the costs during a vulnerable time. She wants the Council to complete an independent review of how it sets its bereavement fees and publishes its findings.

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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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complains about the fee the Council applied for her father’s burial and being charged at a higher non-resident rate.
6. In response to Ms X’s complaint, the Council explained its yearly maintenance costs covering all cemeteries across the whole area, far exceeded the fees paid for provision of burials during the financial year. The fees applied for non-residents were approved in 2008 and was a standard recognised charge applied by many Local Authorities across the country. It explained how the criteria for resident and non-resident charges for burials are applied. It said its fees are benchmarked yearly against other local authorities’ fees.
7. We will not investigate Ms X’s complaint. This is because there is no evidence of fault by the Council. It has explained the process by which the fees are agreed and set, and why they apply. This is a matter the Council has a right to decide.
8. We are not an appeal body. This means we do not take a second look at a council’s decision to decide if it was right or wrong. Instead, we look at the process an organisation has followed to make its decision. If, as here, we consider there is no sign of fault in the way the decision was reached we cannot question it even though Ms X disagrees with it.

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Final decision

9. We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman