The Ombudsman's final decision
Summary: We will not investigate Mrs X’s concerns about a cemetery following her relative’s funeral in 2023. The complaint lies outside our remit as it is late and there are no good reasons to consider it now.
The complaint
Mrs X raises concerns about her relative’s grave location, access for mourners due to uneven ground and the general upkeep of the cemetery.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council’s responses to the complaint.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council in 2023. The Council responded at the time and did not uphold her complaint.
We asked the Council if it had any more complaint responses . The Council told us last month Mrs X had not made any other complaints to it.
We will not investigate Mrs X’s complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. Mrs X complained to us in November 2025, and I see no good reasons to exercise discretion to consider this late complaint now. Miss X could have raised her complaint to us sooner.
If Mrs X is raising recent issues these should be made to the Council first. This is because, as outlined in paragraph four, it is reasonable to expect her to complain to the Council before we can assess for any investigable issues.
Final decision
We will not investigate Mrs X’s complaint. It lies outside our jurisdiction because it is late and I see no good reasons to exercise discretion to consider it now.
Investigator's decision on behalf of the Ombudsman