Mr X complained that the Council had not considered all relevant factors before granting an Exclusive Rights of Burial application for a family grave plot to one member of the family. Mr X further complained that the Council had also misinformed Mr and Mrs X about the situation, not explained its decision properly and overlooked the wishes of other family members.
The Ombudsman noted the upsetting circumstances of the situation. However, the investigation found no maladministration on the part of the Council in respect of the information that it had given to the family, which was correct at the time. The decision to grant the Exclusive Rights of Burial application was a discretionary one that the Council was entitled to take, and its decision was not unreasonable on the evidence provided to it. The Ombudsman noted that the Council could have explained more clearly (and using less formal legal language) to the family why it was unable to refuse the application. However, it would not be proportionate for the Ombudsman to continue an investigation on this point alone.