The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that the complainant cannot place a bench next to a grave. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, complains the Council will not let him place a bench next to a grave. He says the Council told him he could have a bench and it cannot provide proof the rules have changed. Mr X says the Council has discriminated him due to his race. He wants the Council to grant consent.
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 an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence, email exchanges and the regulations. I also considered our Assessment Code.
My assessment
Mr X bought a grave in 2024. He says he was told, at the point of purchase, that he would be able to place a bench next to the grave. Mr X has explained why this is an important issue for his family.
Mr X bought a bench and was then told he could not place it because the rules had changed. Mr X complained. He said there was no evidence the rules have changed, he was told he could have a bench, and the Council is discriminating against him.
In response the Council said there is no evidence he was told he could have a bench; instead there was a discussion about moving a bin and whether a grave would be placed in the adjoining space. The Council said it was unlikely anyone would have said he could have a bench because the Council has not approved any benches since the introduction of a chair lending scheme in 2023. The Council explained his family can borrow a chair or bring their own chair. The Council referred to the regulations which say people must apply for consent to place a bench and it will remove unauthorised benches. The Council said it updates the regulations annually and cannot immediately update the handbook after every change. The Council explained why it is not currently giving consent and said it is applying the same rules to everyone.
Mr X disagrees with the response. He has repeated the Council told him he could have a bench and maintains the Council is discriminating against him.
I will not start an investigation because there is insufficient evidence of fault by the Council. The regulations say people must have consent to place a bench and Mr X does not have consent. Mr X says he was told he could install a bench but there is no evidence to support this. I am not doubting Mr X’s understanding of what was said but, we make evidence-based decisions, and there is no evidence he was told he could have a bench. However, the Council’s position is supported by a notice it issued in 2023 which introduced the chair lending scheme and said that, due to the scheme and a lack of space, it was not authorising any new benches. In addition, the Council explained other seating options and why the handbook had not yet been updated.
Mr X says the Council is discriminating him. I appreciate Mr X’s strength of feeling but the Council has not given consent for any benches since 2023 and there is no evidence Mr X is being treated less favourably than anyone else.
I acknowledge the importance of a bench to Mr X but we are not an appeal body and I have no power to tell the Council it must allow Mr X to have a bench. We can only intervene if there is fault in the way a council makes a decision and I have not seen any suggestion of fault.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman