The Ombudsman's final decision
Summary: We will not investigate this complaint about a plaque and scattering of ashes in a cemetery. This is because the Council has provided a fair and proportionate response and, for other issues, there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, says the Council sold him an unsuitable position for a plaque and buried ashes in an unmarked walkway. He also complains about the complaint handling. He wants the Council to move the plaque and pay all the costs.
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, or 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. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
Mr X buried a relative’s ashes in an unmarked plot in a garden of remembrance. He also bought a plaque, with an inscription, on a wall of remembrance. Mr X complained to the Council that the plaque is on the bottom row and is obscured by flowers. He accepted the Council told him the position but he did not expect the Council to have sold a plaque in an unsuitable position. Mr X says it is unsuitable because the flowers obscure the inscription. He also complained the Council had placed the ashes underneath an unmarked walkway. Mr X asked the Council to move the plaque, free of charge, to a suitable location.
The Council explained it has always used the bottom row for plaques and has not received any complaints. It said Mr X was notified of the location and accepted it. It agreed flowers can obscure some of the inscriptions and it agreed to better manage their removal. As a goodwill gesture it offered Mr X an alternative space on the top row, and said it would waive the fee, but Mr X would have to pay for the stone mason. The Council also said that, as more people are choosing not to use a funeral director, it will review the information it provides about the procedures and regulations.
The Council explained the ashes have been placed under stone edging around the grass. It accepted there is nothing to stop people walking over the area but said it is not a designated walkway.
Mr X is dissatisfied with the response. He wants the Council to move the plaque for free, and review where ashes are placed. He says he visits every week and there has been no improvement in the management of the flowers. He is also dissatisfied with the complaint handling.
I will not start an investigation because the Council has provided a fair response and there is insufficient evidence of fault. Mr X accepts he was told of the proposed plaque location but says he was not told the inscription would be obscured. But, there was no reason for the Council to make any specific reference to the position because its normal practice is to use the bottom row. The Council will, however, improve the management of the flowers and offered an alternative location without a fee. The Council says there are now fewer flowers and it will continue to remind staff of the need to manage them. In addition, the Council will build a plinth, in front of the wall, to create a dedicated space which will mean tributes do not obscure the bottom row. The plinth is due to be completed by the end of August. Mr X can accept the Council’s offer to move the plaque to a higher row or he can wait for the plinth which should mean flowers do not obscure the plaque. I appreciate Mr X wants the Council to pay for the work to move the plaque but there is insufficient evidence of fault to warrant an investigation or additional remedy.
In addition, the Council has provided an appropriate response by explaining the ashes are not under a walkway and by saying it will review the information it provides about cemetery procedures.
Mr X has also complained about the complaint handling but the Council has provided comprehensive responses and there is nothing which suggests we need to investigate the complaint handling.
Final decision
We will not investigate this complaint because the Council has provided a fair response and there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman