Summary: Mr X complained the Council did not take appropriate care of a cemetery where he visits his parents’ graves. He said this showed a lack of respect for the cemetery and caused him distress when he visited. We found no fault in how the Council acted.

The complaint

1. Mr X complains the Council did not take appropriate care of a cemetery where he visits his parents’ graves. He said it is always untidy, and complained of recent specific examples:

• A tree near his parents’ graves had an untidy pile of sticks and leaves at its base despite him raising concerns about it.
• The Council allowed the grass to grow too long. When the Council cut the grass his parents’ headstones were covered in grass cuttings and mud.

2. Mr X says the condition of the cemetery caused him distress and frustration when he visited his parents’ graves. He would like the cemetery to look tidier and more respectful for its use.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

6. Mr X said the poor maintenance of the cemetery has been ongoing for many years and he has complained to the Council about it in the past.
7. I have investigated the things that happened within 12 months of his complaint to us.
8. I have not investigated things that happened more than 12 months before his complaint to us because I have seen no good reasons why Mr X could not have complained to us about them sooner.

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How I considered this complaint

9. I considered the information provided by Mr X and discussed the complaint with him.
10. I considered the Council’s comments about the complaint and the supporting documents it provided.
11. Mr X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

Law, guidance and policy

12. Cemeteries should be managed and operated in accordance with the Local Authorities’ Cemeteries Order 1977 (the Act), as amended by the Local Authorities’ (Amendment) Order 1986. The Act says the Council:
• ‘may do all such things as they consider necessary or desirable for the proper management…of a cemetery’; and
• ‘shall keep the cemetery in good order and repair’.
13. In 2005, the government issued its ‘Guide for Burial Ground Managers’ (the Guidance). It says:

• ‘It is a matter of discretion for burial authorities whether they maintain graves and memorials, or how (although the cemetery must be kept in good order). The primary responsibility of a memorial is with the family.’
• ‘Lawn cemeteries may reflect the requirements or expectations of many families and visitors, but their provision is primarily to meet the needs of the managers and staff for ease of maintenance and minimising costs.’
• ‘The frequency and standards of these activities cannot readily be prescribed since much will depend on the type of burial ground in question, but the principle must be that the level of activity should achieve its purpose.’
• ‘There is room for much debate on what amounts to a ‘good state of repair’, varying from pristine to all but hazardous. There is little legal guidance.’

14. The Council said the cemetery is maintained by an in-house team of 10 grave diggers that work across six cemeteries. The Council mows and strims the cemetery on a monthly cycle, though this is weather dependent. Other duties are undertaken by the team, for example litter picking.

What happened

15. In August 2023 Mr X emailed the Council. He complained about:

• poor re-turfing of his parents’ graves.
• general untidiness of the area, including a pile of leaves and twigs swept to the base of a tree, that showed the Council had little respect for the families of people buried in the cemetery.

16. The Council responded to Mr X and apologised about the poor returfing. When I spoke to Mr X he said the Council resolved the returfing issue in 2023. He said the pile by the tree was an example of the continuing state of untidiness of the cemetery.
17. In June 2024 Mr X complained to the Council about the state of his parents’ grave. He complained there was grass and mud up the headstone. He said it was obvious the grass cutters had caused the mess. He complained about the overall way the cemetery was maintained and said it was obvious the Council did not care about it.
18. The Council replied to Mr X’s complaint. It explained its grass cutting schedule. The first-cut starts between February and March depending on dry spells that the mowers require. It then mows the six cemeteries monthly on a rotational basis up to and including mid-October. The activities include:

• Strimming around memorials.
• Application of weedkiller around memorial bases.
• Mowing.

19. The Council said the volume of rain in March and April had put the grass cutting behind in all the cemeteries. It said part of the cutting cycle is to blow grass cuttings from headstones, but the longer grass resulted in more grass cuttings this year. It apologised for the distress caused.
20. Mr X replied that he had visited a cemetery maintained by a different council. He said it was in immaculate condition despite the similar weather.
21. The Council acknowledged Mr X’s concerns and a new manager from the relevant department arranged to meet with him at the cemetery at the end of June. In the meeting the Council said there were challenges presented by funding and by changing weather patterns.
22. Mr X was not satisfied with the Council’s response and decided to complain to us in July 2024.
23. The Council has provided me with its most recent maintenance policies and procedures. It said all paths and roads at the cemetery are maintained to a good standard to provide access. It said litter bins are monitored and emptied. It reiterated the challenges in grass cutting presented by recent weather changes.

Analysis

24. Mr X’s complaint is based on his genuinely held view that the cemetery’s untidy appearance indicates a lack of care by the Council and falls below an acceptable standard.
25. The Act says the Council should keep cemeteries in good order and repair. However the Guidance acknowledges there is room for much debate on what amounts to a ‘good state of repair’, varying from pristine to all but hazardous.
26. There is a photograph of the base of the tree. It shows a small pile of leaves and twigs. I have considered the photograph and Mr X’s description of grass cuttings and mud on the headstones. I find they demonstrate the cemetery is not pristine, however they do not present hazards. Therefore, the evidence shows the condition of the cemetery is not outside the Guidance’s description of a good state of repair.
27. The Council has explained its approach to cemetery maintenance. It provided worksheets and other evidence it is following its processes. I have considered its comments about the amount of rain delaying its schedule. Rainfall data from the Met Office shows the number of wet days in February, March and April appears to have been historically high.
28. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
29. I appreciate Mr X visited a cemetery managed by a different council that he said was much tidier. This does not have a bearing on whether the Council in this case has followed the Act and the Guidance.
30. Based on the evidence I have seen, the things Mr X complained about do not show the Council has failed to take account of the Act or Guidance in its approach to keeping the cemetery in good order or repair. Therefore I find the Council is not at fault in how it maintains the cemetery.

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Final decision

31. I have completed my investigation and find the Council not at fault in how it maintains the cemetery.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman