Summary: The Ombudsman cannot investigate this complaint about the actions of the Coroner’s officers following the complainant’s husband’s death. We do not have jurisdiction to investigate where the Coroner’s officers are employed and paid for by the Police.

The complaint

1. The complainant, whom I refer to as Ms B, complains about the actions of the Coroner’s officers following her husband’s death. In particular, Ms B says they failed to communicate with her about the inquest, failed to provide information she requested, and they should have sent important documents to her as the next-of-kin, instead of to her husband’s family.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about councils and certain other bodies. Where a Coroner’s office is providing services on behalf of a council, we can investigate certain types of complaint about the actions of that office as if they were those of the council. (Local Government Act 1974, section 25(7), as amended)
4. However, Coroner’s officers may also be employed and paid for by the local Police service. We cannot investigate the actions of the Police. Therefore, in those circumstances we cannot investigate the actions of the Coroner’s officers. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I have considered:
• Ms B’s complaint to the Ombudsman;
• The Senior Coroner’s January 2020 complaint response.
6. I also gave Ms B the opportunity to comment on a draft version of this statement.

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What I found

Legal and administrative background

7. A Coroner is an independent judicial office holder appointed by a council. The Coroner investigates deaths reported to them in certain circumstances. Coroners direct the work of Coroner’s officers.
8. Section 24 of the Coroners and Justices Act 2009 requires councils to secure provision of Coroner’s officers and accommodation for them. However, the Act says that this duty does not apply where the officers and other staff are provided by the local policing body.
9. The Ministry of Justice guide to Coroner’s services is statutory guidance issued by the Lord Chancellor under section 42 of the Coroners and Justice Act. This gives advice on how someone can complain about Coroner services.
10. The statutory guidance distinguishes between complaints about service standards from those about a Coroner’s conduct. Complaints about a Coroner’s conduct can only be dealt with by the Judicial Conduct Investigations Office (JCIO). That office can investigate matters such as the Coroner’s behaviour, unreasonable delays in holding an inquest, or delays by the Coroner replying to correspondence.
11. The Ombudsman can investigate complaints that a Coroner’s service has breached general standards set out in the Ministry of Justice’s guidance. But we can only do that where the Coroner’s service is provided by a body within our jurisdiction. Where the Coroner’s service is provided by the Police service, we have no legal power to investigate its actions.

Assessment

12. Sheffield City Council pays for the Coroner and Assistant Coroners that operate in its area. It also pays for the building in which the Coroner service operates. It pays for certain administrative staff that operate the building reception and post Coroner’s office correspondence. The Council’s website says it provides reception, mortuary services and support.
13. However, the Coroner’s officers who carry out investigations and manage the conduct of and arrangements for inquests, are employed and paid for by South Yorkshire Police. The Council does not employ or fund those officers.
14. With reference to paragraph 4 above, I therefore do not consider the Ombudsman can investigate Ms B’s complaint about the administrative actions of the Coroner’s officers in Sheffield. They are funded by the Police Service, and we do not have the power to investigate its actions.

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Final decision

15. The Ombudsman cannot investigate Ms B’s complaint. This is because the actions she complains of are not an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman