Eastbourne Borough Council (21 017 712)
Category : Environment and regulation > Cemeteries and crematoria
Decision : Closed after initial enquiries
Decision date : 17 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about problems that occurred at the complainant’s mother’s funeral. This is because it is unlikely we could add to the Council’s response or achieve anything more for the complainant.
The complaint
- The complainant, whom I shall refer to as Mrs X, has complained the incorrect photograph tribute was used at her mother’s funeral. Mrs X says she was caused considerable distress as a stranger’s photograph was displayed and the Council has failed to take responsibility for the matter.
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 or may decide not to continue with an investigation if we decide:
- we could not add to any previous investigation by the council, 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 Mrs X and the Ombudsman’s Assessment Code.
My assessment
- In response to Mrs X’s complaint, the Council accepted it has a role to play in ensuring services are carried out correctly and said there were failures by the media contractor it uses. It also acknowledged that crematorium staff displayed the wrong name at the entrance of the chapel, did not communicate with Mrs X as it should have and failed to turn screens off when the wrong tribute was played.
- The Council has apologised and said it will waive the crematorium fee. It also previously offered Mrs X a choice of memorials for her mother.
- While I understand how upsetting this matter must have been for Mrs X, I consider the remedy offered by the Council suitable in the circumstances and it is unlikely an investigation by the Ombudsman would achieve anything more. We also cannot tell the Council it must end its contract with the media provider it uses.
Final decision
- We will not investigate Mrs X’s complaint because it is unlikely we could add to the Council’s response or achieve anything more for Mrs X.
Investigator's decision on behalf of the Ombudsman