Summary: We will not investigate this late complaint about a coroner. There is not a good reason for the delay in bringing the complaint to the Ombudsman.

The complaint

1. Ms X complains about how the coroner’s office handled her father’s death. She says it did not keep her informed and liaised with someone else, despite her being the next of kin. She says she was prevented from identifying her father’s body and from arranging his burial, and he was instead cremated against her wishes. She also complains the coroner and the Council did not properly respond to her complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X’s father died in late 2020 and she says despite being his next of kin, she was not involved by the coroner nor was the body released to her afterwards.
7. Ms X raised a formal complaint in August 2021 about the way the coroner’s office had handled her father’s death. The complaint related to the coroner’s compliance with the service standards within ‘A Guide to Coroner Services for Bereaved People’, issued by the Ministry of Justice. These standards include expectations around coroners’ contact with those who have an interest, and who the body should be released to after the coroner’s involvement has finished.
8. A coroner is an independent judicial office holder. However, complaints about their compliance with the service standards (as opposed to their personal conduct or the outcome of any inquest) are a statutory and administrative function of the Council and therefore within our jurisdiction.
9. However, the law requires complaints to be brought to us within 12 months of the person becoming aware of the matter, unless there are good reasons. This is because we cannot carry out a fair investigation and reach sound conclusions when a significant time has passed. Ms X was aware in 2020 her father had died and knew about the coroner’s involvement.
10. Ms X explained she has suffered ill health related to the trauma of the matter. She says the lack of contact from the coroner and the Council also contributed to the delay in her complaining to us. I have considered this, however I am not satisfied there is sufficient reason for such a significant delay. On not receiving a final complaint response from either the coroner or the Council within 12 weeks, Ms X could have contacted us in late 2021 or early 2022. We would not now be able to come to sound conclusions due to the time that has passed.

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Final decision

11. We will not investigate Ms X’s late complaint because there is not a good reason for the delay in her complaining to the Ombudsman.

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Investigator's decision on behalf of the Ombudsman