back to menuThe Funeral Ombudsman Scheme (FOS) is coming up to its sixth birthday. From small beginnings when it covered only 25 per cent of funerals, it is now well on its way towards the Ombudsman’s goal of a single Code of Practice for all funeral arrangements.
It is still a source of incomprehension and anger among complainants that not all complaints can be investigated by the Ombudsman, simply because the Funeral Director concerned is not a member of the FOS. ‘I would like everyone who has a complaint about a funeral to be able to bring it to me’ says Professor Geoffrey Woodroffe, the Funeral Ombudsman.
70 per cent of funerals are now covered by the Scheme, as well as a substantial proportion of the funeral planning market (for prepaid funerals) and 60 per cent of private crematoria.
Redress and the funeral profession was the theme of a recent conference organised by the FOS. A major element in the Scheme’s review of its first five years, this was the first conference to involve all the major trade associations of the funeral industry, along with representatives of consumer and bereavement organisations and the ecumenical Churches’ Group on Funeral Services. Giving the keynote speech, Consumer Minister Kim Howells backed the FOS in its efforts to move the funeral industry towards a single code. ‘I make no secret about my preference to see a single code for the industry’ said the Minister. ‘I believe that such a move will bring benefits to businesses and to clients alike.’
Wholesale regulation of the funeral profession was not warranted or desired, said the Minister, and only in the area of prepaid funeral plans had the government felt the need for intervention. The recent DTI White Paper stressed the importance of codes of practice which, he said, could offer a higher level of protection to consumers than the basics set out in law.
Although the level of complaint in the funeral industry was extremely small, said John Bridgeman, Director General of the OFT, there were many people who were far from satisfied but who did not complain. Codes affecting the funeral industry would have to include special provisions for the independent handling of complaints, to allow for the particular vulnerability and emotional disadvantage of the bereaved.
What makes the FOS Code of particular value is the independence of the Ombudsman. Like many other Ombudsmen schemes, such as financial services and estate agents, the FOS relies on funding from the very profession against which complaints are made, but the FOS Articles of Association stipulate that the majority of its Council members must be entirely independent of the funeral profession. Most of the Council members, therefore, are from the consumer world and they appoint the Ombudsman. The Council Chairman is John Hosker, formerly Director of the National Consumer Council and Deputy Director of the Consumers’ Association and a recently retired NfCG Vice-President.
Complainants - and sometimes Funeral Directors - have difficulty in grasping the difference between a Regulator and an Ombudsman. The funeral industry remains unregulated and membership of the FOS is voluntary. ‘I am not a Regulator’ says Professor Woodroffe; ‘it is not my function to tell funeral directors how to run their businesses. Nor do I attempt to interfere with the level of charges. Sometimes, however, I do have to decide what is a ‘reasonable charge’ under the Supply of Goods and Services Act 1982, especially where no estimate has been given at the outset when the arrangements - and the agreement - were made. This I do by comparison with other firms in the same area.
‘I am not a policeman, either. Sometimes clients want the offending funeral director to be punished by a hefty fine or the total waiving of the account. But I do not always find in favour of the complainant. Indeed, sometimes I award the complainant less than the funeral director has already offered. Nor does the amount of compensation relate to the funeral charges - the question is what financial loss or distress has been suffered by the client.’. Most complaints are about distress, for which the maximum award is £5,000. The average is around £800. The highest award to date, is £2,650. Often, though, people are not looking for financial compensation, but rather for an explanation and an apology.
The Funeral Ombudsman Scheme was established in 1994. Three major professional associations are members of the Scheme. They are the Funeral Standards Council (FSC), the Funeral Planning Council (FPC) and the Society of Allied and Independent Funeral Directors (SAIF). Only the National Association of Funeral Directors remains outside.
Vital statistics for 1999 - Complaints: 160- Adjudications: 20
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