Summary: We will not investigate Mr B’s complaint that the Council has refused to recognise corporate manslaughter. This is because the Coroner is the appropriate person to make enquiries.

The complaint

1. The complainant, Mr B, complained that the Council has refused to recognise corporate manslaughter.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered the information Mr B and the Council provided. I have given Mr B an opportunity to comment on my draft decision.

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What I found

4. Mr B’s wife received a care service commissioned by the Council. While a carer was in their home, Mr B told us his wife suffered violent injuries. She sadly passed away during the following month. Mr B said this has expanded into a case of what he calls "Collusive Corporate Manslaughter" committed by the care provider with the Council. He is concerned there may be a cover up.
5. In its final response to Mr B’s complaint the Council said it found no evidence of a crime which it could pass to the police. The Council said this is what it would do if it believed this was a case of negligent manslaughter.
6. Following submission of his complaint, Mr B told us we may not be able to pursue his complaint until after the Coroner releases a report. The Coroner’s role is to make enquiries, find out what happened and how someone died. It is for the Coroner to decide if there will be an inquest.
7. In this case the Coroner is the appropriate person to make enquiries about what happened and how Mr B’s wife died so we will not investigate Mr B’s complaint.

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Final decision

8. We will not investigate this complaint. This is because the Coroner is the appropriate person to make enquiries.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman