West Northamptonshire Council (21 010 673)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 29 Nov 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the handling of an inquest. It is unlikely we would find fault by the Council has caused the complainant injustice that warrants our involvement.

The complaint

  1. The complainant, who I refer to here as Mr B, complained both to us and to the Judicial Conduct Investigations Office (JCIO) about the inquest held into the death of his son.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
  2. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe:
  • it is unlikely we would find fault;
  • any fault has not caused injustice to the person who complained; or
  • any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by Mr B which included the Council’s response to his concerns. I also considered our Assessment Code.

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My assessment

  1. Mr B’s concerns mainly relate to the actions of the coroner acting in a judicial capacity. These are not actions we can investigate and are best considered by the JCIO.
  2. Mr B has raised some issues within our jurisdiction which are mainly about the papers relating to the inquest. However, I do not consider any fault by the Council can have caused him injustice that warrants investigation.

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Final decision

  1. We will not investigate Mr B’s complaint because we are unlikely to find fault within our jurisdiction has caused him significant injustice.

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Investigator's decision on behalf of the Ombudsman

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