The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the ownership of his late relative’s grave. There is insufficient evidence of fault to warrant an investigation and the Information Commissioner’s Office is better placed to consider a complaint about access to information.
The complaint
Mr X complains the Council has refused to transfer the ownership of his late relative’s grave into his name. This means he cannot fulfil his duties as executor of his relative’s estate. He also says it has refused to release documents to him following a Freedom of Information request. He wants the Council to transfer the ownership of the grave into his name.
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 not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
In its responses to Mr X, the Council said the grave ownership was initially jointly granted to his late relative and one other person. It had found no evidence to indicate that this had been done in error or that his late relative should be the sole owner. When his relative passed away, the other person automatically became the sole owner of the grave. It said the only way it could transfer the grave ownership into Mr X’s name was if it received a written request to do so by the current surviving owner.
We will not investigate this complaint as there is insufficient evidence of fault. The Council appropriately investigated Mr X’s concerns and found no evidence to indicate there had been an administrative error or that the grave was owned solely by his relative. It has explained to Mr X that it requires permission from the grave owner in order to make any changes to the ownership and without this permission, it could not do so. There is insufficient evidence of fault in the Council’s actions to warrant an investigation.
Mr X also complains about how the Council has responded to his Freedom of Information request. The Information Commissioner’s Office (ICO) is the UK’s regulator of information rights and data protection matters. If Mr X is dissatisfied with the Council’s response, the ICO is better placed to consider a complaint about this.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault and the Information Commissioner’s Office is better placed to consider a complaint about his Freedom of Information request.
Investigator's decision on behalf of the Ombudsman