Summary: We will not investigate Mrs X’s complaint about the conduct of a Council Officer. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained she was treated rudely and without respect by the Council when she tried to register her father’s death, and could not sign the death certificate. She stated this has had a negative impact on her mental health and ability to work. She would like the Council to remove her father’s death certificate and issue a new one with her details.

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The Ombudsman’s role and powers

2. 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:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained a Council Officer prevented her from signing the register at the appointment to register her father’s death. The register was signed by another family member present at the appointment.
6. In its complaint response, the Council stated that only one person could sign the register. It noted the decision on who signed the register should be made by those present at the appointment. There is not enough evidence of fault to justify our involvement.
7. The Council apologised to Mrs X that she was not happy with the service she received when registering her father’s death. This apology is appropriate and remedies any injustice caused to Mrs X. Further investigation of this matter would not lead to a different outcome.
8. Mrs X stated that she wanted a new death certificate issued for her father which she has signed. The Council in its complaint response explained that it could not change the details on her father’s death certificate; nor can the Ombudsman Therefore, we cannot achieve the outcome Mrs X wants.

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Final decision

9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman