The Ombudsman's final decision
Summary: We will not investigate this complaint about burial fees. There is insufficient evidence of fault by the Council.
The complaint
Mr X complained the Council wrongly charged non-resident fees for his late brother’s burial. He said the fees were therefore significantly higher than they should have been.
Mr X said due to this, the family had to settle for a lawn grave rather than a traditional grave. He wanted the Council to refund the family £4,589, the difference between what they paid and the comparable fee for a resident burial.
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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s brother lived in the Council’s area for most of his life. However in 2024, the year before he died, he moved to a different local authority’s area.
The Council considered Mr X’s brother to have the mental capacity to agree to the move. Mr X and his mother disputed his mental capacity and did not agree the move was in his best interests.
When Mr X’s brother passed away in 2025, Mr X asked the Council to consider charging the resident burial rate rather than the non-resident rate, due to the circumstances. The Council considered their request but explained Mr X did not meet the criteria as he was not ordinarily resident in its area when he died.
I have considered the Council’s decision in line with the information it publishes on its website about burial rates for residents versus non-residents. The Council’s decision is in line with its policy.
Where a council has made a decision without fault, it is not for us to question that decision. There is insufficient evidence of fault by the Council in this case.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant investigation by the Ombudsman.
Investigator's decision on behalf of the Ombudsman