Summary: We cannot investigate this complaint against the Council about the conduct of coroners involved in investigating the death of the complainant’s husband. We have no jurisdiction to investigate this complaint because the Council is not responsible for the issues.

The complaint

1. The complainant (Mrs X) complains about the conduct of coroners who dealt with the inquest in relation to her husband’s death. She is also happy with the decisions made by the coroners involved, as well as how they have responded to her complaint and general concerns. Mrs X previously raised the issue with the Council which advised her that complaints about the conduct of coroners are dealt with by the Judicial Conduct Investigations Office.
2. In summary, Mrs X says the alleged failings have caused her significant distress, anxiety and uncertainty. As a desired outcome, she wants a review of the inquest and for this to be managed better.

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The Ombudsman’s role and powers

3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended).

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How I considered this complaint

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

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My assessment

5. Although a coroner is an independent judicial office holder (and not a local authority employee), they are appointed by a local authority, funded by that local authority and investigate deaths in that particular local authority's area. However, the coroner’s duties and functions are performed under the Coroners and Justice Act 2009 remain the coroner’s despite being appointed and paid by the council.
6. 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. We cannot therefore consider complaints about those actions. In my view, Mrs X’s complaint concerns the conduct and decision making of individual coroners and does not relate to any of the Council’s administrative functions. The appropriate body to consider conduct complaints against coroners is the Conduct Investigations Office.

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Final decision

7. We have no jurisdiction to investigate this complaint because the Council is not responsible for the issues raised.

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Investigator's decision on behalf of the Ombudsman