Summary: We will not investigate Mr X’s complaint about the Council’s refusal to accept liability for damage to his relative’s grave. This is because it is reasonable for Mr X to take the matter to court.

The complaint

1. Mr X complains a Council worker damaged his relative’s grave while carrying out maintenance work on the cemetery grounds. He is unhappy the Council’s insurer has denied his insurance claim for damage.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because it reasonable to expect him to take the matter to court. It is the appropriate body to consider liability matters.

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Investigator's decision on behalf of the Ombudsman