Gateshead Metropolitan Borough Council (24 000 751)
Category : Adult care services > Other
Decision : Closed after initial enquiries
Decision date : 18 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s actions following the death of a citizen. The Council was required to arrange a funeral, which it did. The Council acted to seek the next of kin. While we appreciate the distress for the next of kin, there is not enough evidence of fault by the Council to justify an investigation. It is unlikely we could add to the Council’s investigation or achieve a different outcome.
The complaint
- Ms B says the Council failed to carry out due diligence to trace her when her relative, Ms C, died. Ms C’s possessions have been cleared from her property, and the Council did not use a pre-paid funeral plan. Ms B is emotionally traumatised and upset not to have any keepsakes.
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 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 continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council has given a thorough response to Ms B, explaining its duties and how it went beyond them to seek Ms C’s next of kin. The Council explains no pre-paid funeral plan was found at Ms C’s property, but if Ms B knows the details, she can contact the company about a refund.
- I understand how distressing the is for Ms B, but there is not enough evidence of fault by the Council. It is unlikely the Ombudsman could add to the information Ms B has already received from the Council’s investigation or reach a different outcome.
Final decision
- We will not investigate Ms B’s complaint because there is not enough evidence of fault to justify an investigation. The Council has given a through response which it is unlikely we could add to or achieve anything different.
Investigator's decision on behalf of the Ombudsman