Stoke-on-Trent City Council (20 000 321)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 17 Sep 2020
The Ombudsman's final decision:
Summary: Miss X complained about the decisions of the Coroner and his assistant and a pathologist who carried out a post-mortem and inquest into the death of her sister in 2016. The Ombudsman cannot investigate this complaint. This is because we have no jurisdiction to investigate the decisions of Coroners who are judicial office holders and not employees of the Council. Miss X could seek a remedy by way of judicial review or the Attorney General.
The complaint
- Miss X complained about the Coroner’s decision on the inquest of her sister who died in 2016. She questioned the verdict regarding the circumstances of her death and suggested the Coroner was biased towards accepting the reports of the pathologist, the Health and Safety Executive, practice nurse and the Council. She says the Coroner failed to answer her questions about the inquest outcome.
The Ombudsman’s role and powers
- We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Coroners where they are about the decisions of inquests. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
- I have considered all the information which Miss X submitted with her complaint. Miss X has been given an opportunity to comment on a draft copy of my decision.
What I found
- Miss X complained about the outcome of a post-mortem and Coroner’s inquest into the death of her sister. She challenged the Coroner’s reasoning on the cause of death and also the way he accepted the reports from the pathologist, the practice nurse and the Health and Safety Executive. She believes this was evidence of bias and she also questioned the reliability of witnesses including the police, medical staff and CORGI gas inspectors.
- We cannot investigate complaints about Coroner’s decisions and how they conducted an inquest. The only way to challenge the decisions is by way of judicial review in the High Court. It is also possible to apply to the Attorney General under s.13 of the Coroners Act 1988.
Final decision
- The Ombudsman cannot investigate this complaint. This is because we have no jurisdiction to investigate the decisions of Coroners who are judicial office holders and not employees of the Council. Miss X could seek a remedy by way of judicial review or the Attorney General.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman