Birmingham City Council (19 004 808)

Category : Other Categories > Commercial and contracts

Decision : Closed after initial enquiries

Decision date : 20 Sep 2019

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr X’s complaint that the Council wrongly said that it had consulted with funeral directors before increasing internment fees as it is unlikely he will find fault by the Council.

The complaint

  1. The complainant, whom I shall call Mr X, complains the Council wrongly said it had consulted with funeral directors before increasing internment fees.

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The Ombudsman’s role and powers

  1. 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 (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I have considered what Mr X said in his complaint and his response to my draft decision.

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What I found

  1. Mr X complains the Council wrongly said that it had consulted with funeral directors before making substantial increases of fees for internments. Mr X is concerned about this impression this gives to members of the public.
  2. The Council says it notified funeral directors about proposed changes and considered responses but that this was not a consultation exercise and that it has no legal duty to consult before increasing fees. I can see no indication that the Council said it had consulted with funeral directors.

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Final decision

  1. The Ombudsman will not investigate this complaint as it is unlikely he will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman

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