Summary: We will not investigate Ms X’s complaint about property removed from her late mother’s grave. This is because the Council has appropriately addressed the matter and an investigation would be unlikely tonot provide Ms X with a different outcome.

The complaint

1. Ms X complained cemetery workers removed a plant from her late mother’s grave and the Council failed to follow its own process in addressing this. Ms X said this matter caused her and her father distress and upset.

Back to top

The Ombudsman’s role and powers

2. 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 organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X complained to the Council after her father discovered a plant had been removed from her late mother’s grave. She said her father had been caused distress and requested an explanation for what happened along with an apology and replacement of the plant.
6. The Council contacted Ms X to discuss the matter. Ms X says the person she spoke with was rude and ended the call abruptly.
7. The Council wrote to Ms X shortly after this and apologised for the distress she and her father experienced. The Council said it was difficult to establish what happenedhappened, but it was possible cleaners removed the plant by mistake. The Council offered Ms X £15 to replace the plant.
8. Ms X remains unhappy with the situation and wants us to recommend that the Council provide her with an additional personal apology and a review of its procedures. We look at complaints against the Council as a corporate body, we do not look at individuals. The Council has provided Ms X with an apology for the distress she and her father experienced, provided a possible explanation for what happened, and a financial payment to cover the costs of replacing the plant. These are satisfactory actions for the Council to take and in line with the Ombudsman’s guidance on remedies.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because the Council has appropriately addressed the matter and an investigation would be unlikely tonot provide Ms X with a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman