Summary: We will not investigate Ms X’s complaint about the Council’s response to a service request. The Council has already upheld Ms X’s complaint, apologised and taken steps to rectify its service delivery. Because these actions are appropriate and there are no wider public interest issues, it is not proportionate for us to investigate.

The complaint

1. Ms X made an application to the Council about a memorial for her late father. She complained because the Council delayed is communication with her about this and then increased the estimated costs of the memorial. Ms X said this caused her avoidable distress and inconvenience. Ms X now wants the Council to honour the earlier costs and provide compensation for distress she was caused.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X approached the Council and asked it about a memorial for her late father. She then complained about the Council’s delays and communication after this point.
5. The Council replied and upheld Ms X’s complaint about its service delivery. It accepted the information it had provided about the memorial was not suitable and did not properly reflect the costs associated in all cases. It explained why there was an increased cost.
6. The Council also apologised for its poor communication and gave Ms X an explanation for where things had gone wrong. It offered Ms X a symbolic financial remedy and told her it had suspended the service offer until it had resolved the matters affecting the service being delivered.
7. Because these actions are appropriate, and will prevent a recurrence of this fault, it would not be proportionate for us to investigate. In any case we could not direct the Council to provide a service at the cost Ms X wants.

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Final decision

8. We will not investigate Ms X’s complaint because the Council has upheld the complaint and apologised. It has also taken steps to prevent a recurrence of the fault, and it would not be proportionate for us to investigate.

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Investigator's decision on behalf of the Ombudsman