Summary: The Ombudsman has discontinued his investigation as Mrs X has issued a letter of claim against the Council which covers the same issues subject to our investigation.

The complaint

1. Mrs X complains that the Coroner’s officers:
1. Failed to take appropriate action to locate Mr Y’s next of kin when he passed away. As a result Mrs X and her family were not present at his funeral and could not give him the burial they wanted in accordance with their religious beliefs.
2. Did not agree to Mrs X’s request to postpone Mr Y’s inquest and instead brought forward the date of the inquest.
3. Were rude and unprofessional during telephone calls with Mrs X.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have:
• Considered the complaint and the information provided by Mrs X.
• Made enquiries of the Council.
• Considered a letter before claim issued by Mrs X’s solicitors to the Council.
• Invited Mrs X and the Council to comment on my draft decision.

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What I found

5. Mr Y, who is Mrs X’s brother, suddenly passed away. The coroner’s office was responsible for identifying and contacting Mr Y’s next of kin. The coroner’s office did not trace Mrs X or her family. So, Mrs X or any members of her family were not present at Mr Y’s funeral and they could not bury him in accordance with their religious beliefs.
6. The coroner decided to hold an inquest into Mr Y’s death. Mrs X requested the inquest be postponed. The coroner brought forward the date of the inquest.
7. Since I commenced my investigation Mrs X’s solicitor has issued a letter before claim against the Council for breaching her human rights. This is a letter setting out a legal claim against the Council. The letter before claim covers the same events and matters subject to my investigation.

My assessment

8. We do not generally investigate where the person complaining is pursuing the same matters through a different process and at the same time as our investigation. We do not have any discretion to investigate where the person complaining has made an application to the court about the same matters.
9. Mrs X has not yet made an application to the court. But the issues raised by Mrs X’s solicitor and the information sought in the letter of claim are closely related to my enquiries on the complaint and cover the same matters I am investigating. I therefore do not consider it is appropriate to continue with my investigation.

Final decision

10. I have discontinued my investigation as Mrs X has issued a letter of claim against the Council about the same matters subject to my investigation.

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Investigator's decision on behalf of the Ombudsman