Summary: We have upheld this complaint because the Council delayed installing a memorial bench for the complainant. The Council has now agreed to resolve the complaint by apologising to the complainant and offering to make a payment to them to remedy the time and trouble they have been too. The memorial bench has now been ordered and work to install it is underway.

The complaint

1. The complainant, who I will call Ms X, complains that the Council delayed ordering and installing a memorial bench for her and her family to remember a relative that has passed away.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

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How I considered this complaint

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

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My assessment

5. In June 2021, Ms X made an application for a bench to be installed in a park as a memorial to a relative that had passed away. Records show that Ms X regularly pursued the matter by emailing the Council and eventually submitting a complaint, but the bench was not installed, and Ms X was not kept informed as to the progress of her application.
6. The Council say that the delay in installing the bench was due to obtaining a suitable bench from its suppliers, but that these issued have now been resolved and it expects to take delivery of the bench within 14-21 days. The Council says it is liaising with Ms X about where the bench will be installed. The Council has said it will keep Ms X informed of the progress of the installation including any delays.
7. Whilst it is positive news that the installation of the bench is now progressing, if we were to investigate Ms X’s complaint it is likely we would find fault. This is because there has been a delay ordering and installing the bench of around two years. Ms X has been to considerable time and trouble pursuing the matter with the Council during this period.
8. We therefore asked the Council to apologise to Ms X and offer to make a payment to her of £200 to remedy the time and trouble she has been too pursuing the matter.
9. To its credit, the Council agreed to resolve the complaint and has agreed with our recommendation. It will therefore write to Ms X within one month of the date of this final decision to apologise and will reduce Ms X’s invoice for the bench by £200.

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Final decision

10. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman