Wakefield City Council (20 012 619)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 21 Jul 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the coroner’s’ decision not to investigate Mrs X’s mother’s cause of death. Coroners are not employees of the Council.

The complaint

  1. Mrs X complains the coroner refused to carry out an investigation into her Mother’s cause of death. Mrs X is unhappy with the way the coroner’s officer spoke to her and the way it responded to her complaints. She says this caused her significant distress.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Coroners are judicial office holders and not employees of the council. Coroners’ decisions can only be challenged by way of judicial review. Therefore we cannot investigate the coroners’ decision in this case not to investigate Mrs X’s mother’s cause of death.
  2. The coroners’ service is funded by the Council and usually it provides the coroner with administrative support. We can look at complaints about the wider service however in this case Mrs X’s complaint relates to the coroner’s decision and this is not something we can investigate as explained in paragraph 5.

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Final decision

  1. We cannot investigate Mrs X’s complaint because it is about a coroners decision and the law does not allow us to investigate these complaints.

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Investigator's decision on behalf of the Ombudsman

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