London Borough of Islington (24 007 884)
Category : Environment and regulation > Cemeteries and crematoria
Decision : Not upheld
Decision date : 17 Dec 2024
The Ombudsman's final decision:
Summary: Miss X complains the Council installed a poor-quality memorial headstone. We have ended our investigation because further investigation would not achieve a worthwhile outcome.
The complaint
- Miss X complains the Council installed a poor-quality memorial headstone.
- Miss X says this has caused significant distress to her and her family. She says the stress has delayed their grieving.
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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
What I have and have not investigated
- Miss X is seeking the Council to pay her £20,000 for a new headstone and compensation for emotional damages. She would also like the Council to discipline its staff members.
- It is not in the Ombudsman’s remit to award compensation for financial or emotional damages. The Ombudsman will recommend modest symbolic payments for avoidable injustice; but these are far less than the sums sought by Miss X. The Ombudsman is also unable to recommend disciplinary action. Therefore, further investigation will not achieve the outcomes Miss X seeks.
- Therefore, I have ended my investigation.
Final decision
- I have ended my investigation because further investigation cannot achieve a worthwhile outcome for Miss X.
Investigator's decision on behalf of the Ombudsman