Summary: We will not investigate Mr X’s complaint about the Council decision it will not order the Coroner’s office to keep formal records of testator’s wishes. This is because there is insufficient evidence of fault and we could not achieve the outcome Mr X wants.

The complaint

1. Mr X complained the Council has refused to order the Coroner’s office to introduce a formal administrative system to record his wishes in the event of his death.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating,
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. We will not investigate this complaint. The Council appropriately considered Mr X’s complaint but said the Coroner’s office does not have an administrative system to record people’s wishes in the event of their death. It correctly advised him that when deciding whether to conduct a post mortem, the Coroner would take into account the deceased’s recorded wishes and the wishes of their family, but it was ultimately the Coroner’s decision whether or not to conduct a post mortem. There is insufficient evidence of fault in how the Council has responded to Mr X’s complaint.
6. Coroners are judicial office holders and not employees of the Council. Although the Council provides the Coroner’s office with administrative support, it is not for the Council to direct the Coroner’s office what records it must keep, and we could not order it to do so.

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Final decision

7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault and we cannot achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman