Summary: We will not investigate Mr X’s complaint that the Council’s actions caused damage to his relative’s grave. This is because we could not add to the Council’s investigation and achieve anything more.

The complaint

1. Mr X complained the Council’s actions during a third-party burial caused damage and disturbance to his relative’s grave. He also complained the Council did not restore his relative’s grave properly, and it failed to respond to his request to inspect the headstone. Mr X also complained the Council changed its findings during its complaints investigation.
2. Mr X said the Council’s actions caused frustration and distress to him and his family.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In its stage one complaint response the Council explained its grave digging team moved stones from around the grave to allow access for its vehicle to pass through to facilitate a third-party burial. It said the headstone on Mr X’s relative’s grave was not moved or damaged. It told Mr X that it had instructed its team to fill the track marks on Mr X’s relative’s plot made by its vehicle.
7. In its stage two complaint response the Council told Mr X that the third-party burial took place during adverse weather conditions which meant the ground was very soft, therefore disturbance to the ground in and around Mr X’s relative’s grave was greater. It said it decided to wait until the ground was sufficiently dry to carry out repairs safely and without causing further damage. The Council also said it was sometimes necessary to temporarily move headstones to allow access for burial machinery. It said the headstone on Mr X’s relative’s grave may have shifted slightly due to the very soft ground and it could not adjust the headstone immediately due to the ground conditions. The Council also provided contact information to Mr X to find out further information about headstone inspections.
8. The Council investigated Mr X’s concerns further and corrected its findings through its two stage complaints process. It explained to Mr X what had happened and the remedial action it would take. It also apologised to Mr X for any distress caused. We appreciate the events caused Mr X distress but we could not add to the Council’s investigation and achieve anything further. Therefore we will not investigate Mr X’s complaint.

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Final decision

9. We will not investigate Mr X’s complaint because we could not add to the Council’s investigation.

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Investigator's decision on behalf of the Ombudsman