The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to honour the original rate Mr X was offered for a burial plot. This is because an investigation would not provide Mr X with a different outcome.
The complaint
Mr X complained that after a three-month period to pay for a burial plot expired the Council charged him a higher rate. He also complained the Council did not keep to its timescales in responding to his complaint.
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: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X reserved a burial plot from the Council with a commitment to pay within three months. When the three months expired, Mr X approached the Council to reserve the plot, but the price had increased.
Mr X complained and the Council informed him that rates had been updated to reflect the next annual year rates. The Council did not respond within its published timescales but informed Mr X of the delay.
Mr X wants us to find the Council at fault. The Council has provided a clear and reasonable explanation for why it will not honour the original rates for the burial plot. There is no fault in the Council’s actions. An investigation would not provide Mr X with a different outcome.
Mr X has also complained about the Council’s complaint handling. The Ombudsman will not investigate a council’s complaint handling if it is not investigating the substantive issues.
Final decision
We will not investigate Mr X’s complaint because an investigation would not provide Mr X with a different outcome.
Investigator's decision on behalf of the Ombudsman