Summary: The Ombudsman cannot investigate Miss B’s complaint about the Coroner’s reports and conduct. This is because the actions of the Coroner are not administrative functions of the Council’s staff.

The complaint

1. Miss B says the Council delayed and gave wrong pathology reports about her deceased father.
2. Miss B also says the Council did not carry out an inquest.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I have considered Miss B’s complaint and the Council’s response to her complaint. I issued a draft decision to Miss B and invited comments before I made my final decision.

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What I found

7. Miss B says there was a delay with the Council taking her deceased father’s toxicology samples and the pathology reports were wrong.
8. Miss B also says the Council promised to carry out an inquest, but it was not done.
9. In response to Miss B’s complaint, the Council says the Coroner reviewed its original decision and the report remains same; Miss B’s father died from a natural cause.
10. Coroners are independent judicial appointments and their support staff are provided by the Council. The Ombudsman cannot investigate the matters Miss B complains about because they are the Coroner’s decisions and not administrative actions of its staff.
11. If Miss B wishes to challenge the judicial decision of the Coroner not to carry out an inquest, she could do this through a Judicial Review. Also, if Miss B remains dissatisfied and wishes to complain about other aspects of the Coroner’s conduct, she could make a complaint to the Judicial Conduct Investigations Office.

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Final decision

12. The Ombudsman cannot investigate this complaint. This is because the actions of the Coroner are not administrative functions of the Council’s staff and it would be reasonable for Miss B to consider court action to challenge the Coroner’s decision.

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Investigator's decision on behalf of the Ombudsman