The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council did not tell the complainant that the exclusive right of burial would be for 30 years. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council did not tell him, in advance, that the exclusive right of burial would be 30 years. Mr X says the Council should extend the grant to 100 years.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence, notice of interment and information which was available in August 2021. I considered our Assessment Code and comments Mr X made in response to a draft of this decision.
My assessment
Information on the Council website in August 2021 said people can buy the exclusive right of burial for 30 years. This information was included in the cemetery regulations and included in information about buying a plot. Both documents were available on the website in August.
Mr X purchased the exclusive right of burial in August. He thought it would last indefinitely and was unaware of the 30 year limit. At the time of purchase Mr X signed the notice of interment which included the statement that he “…had been advised of the cemetery regulations by the Funeral Director which he understood and agreed to comply with.”
The Council sent Mr X the deed of grant in November. Mr X then realised the right of burial was only for 30 years. He says it was upsetting to find out the resting place is not permanent. He says he might not have bought the right if he had known about the restriction. He complained and asked the Council to extend the grant indefinitely.
The Council explained that while the law allows exclusive rights for up to 100 years the Council has adopted 30 years as its maximum. It explained that although the information on the website changed in October, the 30 year limit was explained in August. The Council accepted the limit is not mentioned on the page about fees and charges and said it would change that page. The Council said the 30 year limit is stated in the regulations which Mr X had signed to say he had read and which should have been issued by the funeral director. The Council apologised for any misunderstanding or upset.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The regulations explain the 30 year limit and were available in August. In addition, the website includes a section on “buying a cemetery plot” and this said the exclusive right is for 30 years – again, this was available in August. The webpages changed in October but I have seen the pages from August and there was information which said the grant is for 30 years. In addition, Mr X signed to say he understood the regulations and agreed to comply; this statement implies an acceptance that the regulations have been read.
I appreciate Mr X was unaware of the 30 year rule and thinks the restriction should have been more prominent and included in the fees and charges page. But, the evidence does not suggest Mr X’s position was due to Council fault. The information was available and accessible. The Council has since made the information more prominent but that does not mean the information was not provided in August.
Final decision
I will not start an investigation because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman