Summary: We will not investigate this complaint about the Council’s decision not to provide Ms X details about a relatives funeral. This is because the Information Commissioner’s Office is best placed to consider it.

The complaint

1. Ms X complained the Council would not disclose the details of her relative, Y’s, funeral and the scattering of her ashes. She said it has caused distress and delayed a legal pursuit. She wants an apology and compensation.

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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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended.)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X complained the Council did not provide her with the details of Y’s funeral.
7. The Council explained in its complaint response that it could not disclose the details because Y’s next of kin had instructed the funeral director not to do so. It said it had to follow those instructions.
8. The Council said it could tell Ms X where Y’s ashes were scattered. It apologised that her call requesting this information was not handled by a senior member of staff. Further investigation of this issue would not change the outcome.
9. If Ms X is unhappy the Council did not share the information with her and believes it applied data protection legislation incorrectly, that would be matter for the ICO.

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Final decision

10. We will not investigate Miss X’s complaint because the ICO is best placed to consider it.

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Investigator's decision on behalf of the Ombudsman