Summary: We will not investigate Mrs X’s complaint that Council crematorium staff scattered her relative’s ashes without the family’s consent. It is unlikely we could add to the Council’s investigation or achieve anything more.

The complaint

1. Mrs X complains Council crematorium staff scattered her relative’s ashes without the family’s consent. She says this has caused distress and the Council has not provided a suitable remedy or acted to prevent recurrence of the fault.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint responses, the Council accepted it was at fault and sincerely apologised to Mrs X for the incident and for the upset and distress caused.
6. It said since her complaint, it had reflected on what happened and made procedural changes to improve its service and prevent recurrence of the fault. These included:
• Strengthening its processes to ensure its office and chapel team double check any instruction received to scatter ashes to ensure the request is in line with the family’s wishes.
• Only retaining ashes for a period of three months, after which it will ask the relevant funeral director to collect them on the families’ behalf.
• Reminding its staff of the importance of accurate record keeping and sensitivity in communications.
7. It also offered to refund her the cremation costs and pay her £500 in recognition of the distress caused.
8. We will not investigate this complaint. The Council has offered a suitable remedy for the distress and upset caused. It has also acted to improve its procedures to prevent the fault recurring and explained the actions it has taken to Mrs X. Although I accept this matter has been distressing for Mrs X, we will not investigate as it is unlikely we could add to the Council’s response or achieve a different outcome.

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Final decision

9. We will not investigate Mrs X’s complaint because it is unlikely we could add to the Council’s investigation or achieve anything more.

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Investigator's decision on behalf of the Ombudsman