Summary: We will not investigate Miss X’s complaint about delays in a coronial process, or the actions of a coroner’s officer, because they are not an administrative function of the Council. Nor will we consider the suitability of a remedy the Council offered Miss X, because it is not a good use of our time to consider complaints about complaint procedures where we are not looking at the substantive issues.

The complaint

1. Miss X complained she was unhappy with delays and poor communication during coronial proceedings. Miss X this caused her unnecessary additional stress at an already difficult time. Miss X also said she did not believe the Council’s offer of a symbolic remedy was sufficient.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended)
3. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about the length of time it took for a coroner to carry out their duties, as well as a lack of communication with a coroner’s officer. Miss X said this meant she was unable to make funeral arrangements until short notice. The Council apologised for delays Miss X had experienced and made her an offer of a symbolic financial remedy to recognise her distress.
7. A coroner’s duties and functions under the 2009 Act remain the coroner’s despite being appointed and paid by the council and coroner’s officers being provided by the council. When undertaking tasks on behalf of a coroner as part of the coroner’s statutory functions relating to coronial investigations, coroner’s officers are exercising the coroner’s functions, not those of the council.
8. Because of this, I cannot investigate the actions of the coroner’s officer or consider this matter further. Because we are not investigating the substantive matter, I won’t consider how the Council dealt with Miss X’s complaint, including the suitability of the offer the Council made, to remedy her uncertainty.

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Final decision

9. We will not investigate Miss X’s complaint because coronial duties are not an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman