Summary: We will not investigate this complaint that the incorrect cause of death was recorded on a death certificate. This is because we could not add to the Council’s response or achieve the outcome she seeks.

The complaint

1. The complainant, who I will call Mrs X, complains that the Council recorded the incorrect cause of death on her husband’s death certificate. Mrs X would like a new certificate issued with the correct cause of death recorded.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate Mrs X’s complaint. This is because we could not add to the Council’s response. In responding to Mrs X’s complaint, the Council sought advice from the General Register Office (GRO), who told the Council that an amendment would need to be made to the death certificate. The Council had a virtual meeting with Mrs X and showed her what the amendment would look like and has since made the amendment. The Council apologised for the error and the amount of time it took to rectify the issue.
6. I acknowledge that Mrs X would like a new certificate to be issued, showing the correct cause of her husband’s death, this is not an outcome the Ombudsman can achieve. The Council has followed the advice provided by the GRO and we could not therefore instruct it to go against this and issue a new certificate. The guidance is clear that when errors occur with death certificates amendments should be made, rather than new certificates issued.

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Final decision

7. We will not investigate Mrs X’s complaint because we could not add to the investigation carried out by the Council or achieve the outcome she seeks.

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Investigator's decision on behalf of the Ombudsman