The Ombudsman's final decision
Summary: We will not investigate this complaint about problems that occurred during the burial of the complainant’s wife. This is because the Council has provided a fair response.
The complaint
The complainant, whom I refer to as Mr X, complains about problems that occurred during his wife’s burial. Mr X wants an apology and for the Council to accept full responsibility.
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 the Council has provided a fair response. (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 and photographs. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Mr X complained to the Council about problems that occurred during his wife’s burial. The problems included the grave being too small, that the interment was rushed, he could not help with the lowering, the coffin getting stuck, and the way staff spoke to him.
The Council has upheld many aspects of the complaint. It has explained what went wrong and apologised. The explanations include that the Funeral Director did not provide the correct dimensions for the coffin; that an air pocket meant the grave became unstable meaning the burial needed to be completed quickly; and that staff standing in the incorrect position contributed to the coffin getting stuck and needing to be lifted and then re-lowered. The Council said staff should have explained the reason for needing to act quickly; apologised for the way a staff member spoke to Mr X; and said there should have been more consistency after Mr X’s initial choice of plot was declined.
The Council said it had written to the Funeral Director to express concern. It suggested Mr X return with a priest to repeat some of the prayers and said it would contribute to the priest’s time. The Council offered to refund £430 Mr X paid for a plaque which Mr X could then donate to a hospice.
The burial did not go smoothly and difficulties occurred at a time that was already distressing. However, I will not investigate the complaint because the Council has provided a fair response. It has provided a detailed response regarding what went wrong and the reasons. It has offered several apologies, made some procedural improvements, suggested a further visit by a priest, and offered a financial remedy. This is a fair response and, while the Council may not agree with every point Mr X has made, the response it has provided means there is no reason to start an investigation.
Final decision
We will not investigate this complaint because the Council has provided a fair response.
Investigator's decision on behalf of the Ombudsman