Summary: The Ombudsman will not investigate Mr B’s complaint about a request for payment he received from the Council. Further consideration of the complaint would not achieve any more for Mr B.

The complaint

1. The complainant, whom I shall call Mr B, complains the Council sent a final demand for payment for a memorial tree when Mr B had already paid the fee. Mr B has explained this was very upsetting for him and it took time and trouble to resolve the matter. Mr B wants the Council to provide a refund of the fees he paid to resolve his complaint.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• the fault has not caused injustice to the person who complained, or
• the injustice is not significant enough to justify our involvement, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered the information provided by Mr B, which includes the complaint correspondence with the Council. I sent a draft decision to Mr B and considered the comments he made in reply before I made my final decision.

Back to top

What I found

4. Mr B has explained his son died in May 2018 and Mr B bought a memorial tree, plaque and cage. The tree was planted in April 2019 but was not properly staked and the work was completed in May 2019. Mr B paid the fee the same day.
5. Two weeks after Mr B paid the fee, he received a demand for payment. Mr B found this very distressing as he had paid the fee and it was approaching the anniversary of his son’s death. Mr B says he contacted the Council but was passed to different people and nobody could explain what had happened. Mr B complained and asked the Council to provide a refund of the fee he had paid as compensation for his distress.
6. Two working days after Mr B received the demand, the Council sent him an email apologising for the upset caused and explaining the letter was a standard, automated letter. The Council said it would not provide a refund because the payment Mr B had made was for a service he had received.
7. While Mr B was understandably upset to receive the letter when he made his payment, the Ombudsman will not investigate this complaint. There is nothing more we can achieve for Mr B. The Council has apologised to Mr B for sending the letter when he had already made the payment. And there are no grounds to ask the Council to reimburse the fee Mr B paid for the memorial tree, plaque and cage because these have now been installed

Back to top

Final decision

8. The Ombudsman will not investigate this complaint. This is because the Council has apologised for sending the letter and further consideration of the complaint would not achieve any more for Mr B.

Investigator’s final decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman