The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council using a grave for an interment without the complainant’s consent. This is because the Council has provided a fair response and it is unlikely an investigation would lead to a different outcome.
The complaint
The complainant, whom I refer to as Ms X, complains the Council, for the second time, used a plot for which she holds the deeds without her consent.
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, or further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by Ms X and the Council. This includes the complaint correspondence and additional information the Council provided to me. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.
My assessment
Ms X holds the deeds for a grave. The Council should seek permission from Ms X before using the grave. In 2013 the Council used the plot without her consent. The Council said this would not happen again.
Ms X’s son died in 2021. Her son wanted to be buried in the family plot. Ms X’s daughter asked the Council to use the plot and the Council says Ms X sent the ashes to the Council. The Council thought Ms X had given consent through her daughter. Ms X says she did not give consent via her daughter and denies sending the ashes to the Council. Ms X’s son was buried in the plot for which Ms X holds the deeds. Ms X says she has never denied permission for the plot to be used by a family member.
Ms X complained because the Council had not asked for her consent. She was particularly annoyed because it was the second time this had happened. The Council apologised for not getting her consent. It explained it had thought Ms X had given consent through her daughter. The Council has added a note to Ms X’s file to say the Council must contact Ms X before using the grave again. The Council has offered to pay £50 to a charity of Ms X’s choice.
Ms X has written to the Council to ask it to pay £300 to charity.
I will not investigate this complaint because the Council has provided a fair response. It has apologised, explained what happened and taken measures to stop the error being repeated. It will also make a payment to a charity of Ms X’s choice. It is for the Council to decide how to respond to Ms X’s request for a donation of £300 rather than £50.
I appreciate Ms X still disputes what happens but the Council has provided a proportionate response and an investigation is not needed.
Final decision
We will not investigate this complaint because the Council has provided a fair response and it is unlikely an investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman