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I thought you might be interested in the state of play.

I have now made a formal complaint about the North East Surrey 
Crematorium to the UK Information Commissioner since no reply of any 
description has been received within the seven days they said was a 
reasonable time, under the circumstances, to allow to pass..

There's a message for us all here:

"Handle complaints promptly.  They are red hot items and, if allowed to 
rest on combustible surfaces, cause conflagrations"

While I can't guarantee that a prompt reply would have altered my 
distress, palpable and substantial - I was surprised to find I was 
shaking with emotion - it would have weakened my complaint to the UKIC.

We know, here, that fast action is the very best defence.  We understand 
how to ameliorate distressed and angry people by acting fast, 
sensitively and personally, and we know that we need to document our 
actions.

We also know that hiding behind a tortuous complaints process is no 
defence to time passing before a reply, nor is the concept of "The board 
has not met yet"

Of course the UKIC inbox has a 2-3 week built in delay, but the whole 
thing is horrific.

The undertaker was also horrified.  She has gone through all her 
"Authorisation for cremation" forms and pre-ticked the "opt Out" box on 
all that she has in stock.  She could not believe it, and she has vowed 
never to have any bereaved go through this agony again if it is in her 
power to prevent it.

But the message is still "Handle that complaint NOW!" followed by "and 
handle it WELL".  Complaints have a very nasty habit of biting us in the 
nether regions if handled badly.

Tim Trent wrote:
> I have just checked with the UKIC's helpline.  They expressed horror 
> at the approach.  I also spoke to the "Clerk to the board" of the 
> crematorium who told me how many different and varied things he 
> thought I must do in order to complain, and was somewhat shocked to be 
> told that the email was the full and formal complaint under the act 
> and that he therefore had to respond to that.  He didn't like that at 
> all, and attempted to close the conversation.  He also tried very hard 
> to refuse to give me his line manager's name, but failed in that 
> attempt, since he realised after I had been told that I was perfectly 
> able to find out.
>
> Sorry, I'm ranting!
>
> The next step, says the UKIC, is to await the reply, consider it, and 
> then consider a UKIC complaint.  While the help desk's opinion is not 
> definitive it is an indication that they do not wholly approve of the 
> facts as I have related them.  They agree that seven days is 
> sufficient time to await a response.
>
> Now a good PR response is along these lines:
>
> Start with a heartfelt apology, and take responsibility for the form 
> design.  State that the forms are being recalled and replaced with 
> improved forms.  Thank me for having the kindness at a trying period 
> in my life for giving them the chance to put this right.
>
> I wonder what the formal reply will be
>
> Tim Trent wrote:
>> The crematorium is one operated by a consortium of three local 
>> authorities.  They were most assuredly quick off the mark.  Logic 
>> also says that this material would have been better with a good 
>> letter before the service, not afterwards.  The former looks like a 
>> service, the latter like vultures at a corpse.
>>
>> I'm very much liking Renzo's argument, too!
>>
>> I had got over the funeral element and the death.  Today this brought 
>> it home with a sledgehammer.  I am unbelievably angry (and did not 
>> expect to be), and thus not as clear headed as I would wish to be 
>> (which is why I am restraining myself from naming the crematorium in 
>> case I accidentally libel them)
>>
>> Lee Gardiner wrote:
>>> I think this illustrates the fine line between legal obligations and 
>>> best practice.  While probably legal I would argue against this 
>>> being best practice.  To use the old chestnut it isn't in the 
>>> 'spirit of the law'...  That and it's very poor customer service
>>>  
>>> Also given that your mother was only cremated on Friday marketing 
>>> you a few days after her cremation is also not the most tactful 
>>> thing in the world and I would agree intrusive.  Given her cremation 
>>> was Friday they must have sent the material the same day!! 
>>>  
>>> Without wishing to stick up for the crematorium you'd have thought 
>>> they would have applied some common sense and at least let some time 
>>> pass, even given the seeming legality of the situation.
>>>  
>>> As an aside Tim was the crematorium private or run by the local 
>>> authority?  Assuming the latter it may be worth contacting the 
>>> authority's DP officer and talking to them.
>>>  
>>> Lee
>>>
>>> ------------------------------------------------------------------------
>>> *From:* This list is for those interested in Data Protection issues 
>>> [mailto:[log in to unmask]] *On Behalf Of *Tim Trent
>>> *Sent:* Mon 05 November 2007 11:10
>>> *To:* [log in to unmask]
>>> *Subject:* Re: [data-protection] An "interesting" event, but is it 
>>> wrong?
>>>
>>> I have just been called by a person from the crematorium with the 
>>> statement that it is my fault ("there IS a box on the form, sir")for 
>>> not ticking a box on the "consent to a cremation form", that I never 
>>> saw, and that no-one drew my attention to, that was close to but 
>>> BELOW the pace for signature on the form.
>>>
>>> One may this argue that I ought to have seen this box, but I feel 
>>> one may argue in return that no item below the signature is relevant 
>>> to the contract.
>>>
>>> There is a very strong argument that the newly bereaved are 
>>> unlikely, despite the law presuming them to be competent, to see all 
>>> items on the forms they sign because of their emotional state.  You 
>>> can probably guess that I am normally diligent in selecting which 
>>> organisations may market to me, but that my eye will have been off 
>>> the ball.
>>>
>>> I also make the strong argument for Permission Based Marketing.  
>>> Even if lawful, this is intrusive beyond tolerance (my tolerance at 
>>> least).  The form should opt IN to marketing whatever the legalities 
>>> state.
>>>
>>> I feel tricked into giving consent - not the best platform to mount 
>>> a marketing campaign from, really.
>>>
>>> Griffiths, Ian wrote:
>>>> There it is...
>>>>
>>>> My only question would be whether there is consent elsewhere, do you
>>>> recall doing this?
>>>>
>>>> -----Original Message-----
>>>> From: This list is for those interested in Data Protection issues
>>>> [mailto:[log in to unmask]] On Behalf Of Tim Trent
>>>> Sent: 05 November 2007 10:31
>>>> To: [log in to unmask]
>>>> Subject: [data-protection] An "interesting" event, but is it wrong?
>>>>
>>>> What surprises me is that my data has been used by the crematorium as if
>>>> it had been passed to them for marketing purposes whereas it was passed
>>>> to them solely for the execution of a contract.
>>>>
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>>>
>>> -- 
>>> ------------------------------------------------------------------------
>>>
>>> *Tim Trent* - Consultant
>>> */Tel/*: +44 (0)7710 126618
>>> */web/*: ComplianceAndPrivacy.com <http://complianceandprivacy.com> 
>>> - where busy executives go to find the news first
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>>> <http://timtrent.blogspot.com/>
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>>
>> -- 
>> ------------------------------------------------------------------------
>>
>> *Tim Trent* - Consultant
>> */Tel/*: +44 (0)7710 126618
>> */web/*: ComplianceAndPrivacy.com <http://complianceandprivacy.com> - 
>> where busy executives go to find the news first
>> */personal blog/*: timtrent.blogspot.com/ <http://timtrent.blogspot.com/>
>> */petition:/*: Let's rebuild _and refloat_ the Cutty Sark 
>> <http://petitions.pm.gov.uk/TallShip/>
>>
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>
> -- 
> ------------------------------------------------------------------------
>
> *Tim Trent* - Consultant
> */Tel/*: +44 (0)7710 126618
> */web/*: ComplianceAndPrivacy.com <http://complianceandprivacy.com> - 
> where busy executives go to find the news first
> */personal blog/*: timtrent.blogspot.com/ <http://timtrent.blogspot.com/>
> */petition:/*: Let's rebuild _and refloat_ the Cutty Sark 
> <http://petitions.pm.gov.uk/TallShip/>
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-- 
------------------------------------------------------------------------

*Tim Trent* - Consultant
*/Tel/*: +44 (0)7710 126618
*/web/*: ComplianceAndPrivacy.com <http://complianceandprivacy.com> - 
where busy executives go to find the news first
*/personal blog/*: timtrent.blogspot.com/ <http://timtrent.blogspot.com/>
*/petition:/*: Let's rebuild _and refloat_ the Cutty Sark 
<http://petitions.pm.gov.uk/TallShip/>

*Important*: This message is private and confidential. If you have 
received this message in error, please notify us and remove it from your 
system. This email and any attachment(s) are believed to be virus-free, 
but it is the responsibility of the recipient to make all the necessary 
virus checks. This email and any attachments to it are copyright of 
Meadowood Associates, owners of Compliance And Privacy, unless otherwise 
stated. Their copying, transmission, reproduction in whole or in part 
may only be undertaken with the express permission, in writing, of 
Meadowood Associates, at Meadowood House, 30 Redditch, Bracknell, 
Berkshire, RG12 0TT.


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