Summary: The Ombudsman will not investigate Ms X’s complaint about the management of Wigton Cemetery because the responsible bodies, parish and town councils, are outside the Ombudsman’s jurisdiction. Allerdale Borough Council will write to Ms X about her standards complaint against the town councillors.

The complaint

1. Ms X complains that Wigton Town Council and Wigton Joint Burial Committee are failing to properly manage Wigton Cemetery. She says the maintenance of the cemetery has declined in recent years. For example, there are times when people have been able to walk over graves. There was a proposal to remove the curator who played an important role in maintaining the cemetery and supporting the bereaved. Ms X says following a legal case involving the cemetery, Waverton Parish Council must pay an additional precept of £2,296.40. Ms X says she does not see why she should pay for the costs of mismanagement. She wants an external body such as Allerdale Borough Council or the Ombudsman to intervene to improve the situation.
2. Ms X complains Allerdale Borough Council has failed to reply or respond properly to her complaints about the standards of Wigton town councillors relating to the cemetery. She says councillors have mismanaged Wigton Joint Burial Committee meetings, not issued or delayed issuing minutes of meetings and ignored complaints. She also says Wigton Town Council wrongly named her on its website.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We investigate complaints about most councils and certain other bodies. We cannot investigate the actions of bodies such as parish and town councils. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I have considered comments and information provided by Ms X and the Council. I have discussed the complaint with Ms X. I have considered information on Wigton Town Council’s website regarding the cemetery. I have considered the law under which the Council’s operate.

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What I found

6. Wigton Town Council, Waverton Parish Council, and Woodside Parish Council jointly own the Wigton Cemetery land (I have a copy of the Land Registry title). The three Councils are jointly responsible for Wigton Joint Burial Committee which administers the cemetery on their behalf as burial authorities. The arrangements operate under powers given by the Local Government Act 1972 (section 214 and Schedule 26 paragraph 2). The law allows burial authorities to make arrangements for the discharge of functions by a joint committee.
7. Allerdale Borough Council is not responsible for the cemetery or Wigton Joint Burial Committee. It has a limited power to intervene should there be a disagreement between the three councils about arrangements (Schedule 26 of the stated Act, paragraph 4).
8. The Council tells me it is dealing with Ms X’s standard complaints against the councillors and will write to her about its findings.

Analysis

9. I will not investigate this complaint for the following reasons:
10. The Ombudsman cannot investigate Ms X’s complaint about Wigton Cemetery because the actions of the Town and Parish Councils are outside our jurisdiction (see paragraph 4 above). We cannot investigate the joint committee which acts on their behalf.
11. There is no reason to consider Allerdale Borough Council’s handling of Ms X’s standards complaint whilst it is dealing with the matter. Should Ms X disagree with the outcome she may return to this office. However, the Ombudsman is limited in what we can consider because the underlying issues (actions of town councillors and Wigton Cemetery) are outside our jurisdiction as explained.
12. Ms X may discuss a concern about data protection, being named on the Town Council’s website, with the Information Commissioner.

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Final decision

13. The Ombudsman will not investigate Ms X’s complaint about the management of Wigton Cemetery because the responsible bodies, town and parish councils, are outside the Ombudsman’s jurisdiction. Allerdale Borough Council will write to Ms X about her standards complaint against the town councillors.

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Investigator's decision on behalf of the Ombudsman