Stockport Metropolitan Borough Council (21 011 177)
Category : Environment and regulation > Cemeteries and crematoria
Decision : Closed after initial enquiries
Decision date : 26 Nov 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s management of a cemetery. This is because there is no evidence of fault on the Council’s part.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council’s management of a cemetery fails to respect the Muslim faith.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B complains about the Council’s management of a cemetery. Graves in the cemetery are lawned. Mr B says this does not prevent them from being walked on, which is regarded as disrespectful in his faith. Mr B says the Council is at fault in refusing to allow solutions such as the addition of a mound or border to Islamic graves.
- Mr B has provided a copy of a letter the Council sent to a third party, in which it sets out that the cemetery is widely understood to be lawned, and that this is made clear when graves are purchased. It also says it has confirmed with a local Mosque that current arrangements are acceptable.
- The Ombudsman will not investigate Mr B’s complaint because there is no indication of fault ion the Council’s part. The fact that the cemetery is lawned is set out in the Council’s publicity, and it is for potential purchasers to make decisions based on the information. On the face of it, the Council has made reasonable efforts to consult with religious authorities by engaging with the local Mosque. It is not for the Ombudsman to take a view on matters of religious controversy. We cannot criticise the position the Council has taken or intervene to substitute an alternative view.
Final decision
- We will not investigate Mr B’s complaint because there is no evidence of fault on the Council’s part.
Investigator's decision on behalf of the Ombudsman