Birmingham City Council (24 008 373)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 29 Oct 2024
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about what happened in the Coroner’s Court. That is because it is not an administrative function of the Council.
The complaint
- Ms X complained the Council did not investigate her concern false information was presented to the Coroner’s Court, following the death of her relative.
- Ms X wants assurances:
- no one will be permitted to present false information in court in future; and
- the Council should investigate complaints of this nature when they are reported.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended)
- 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))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Coroners are judicial office holders carrying out their own functions as set out in law. The council for the relevant area appoints a coroner, funds the service, provides accommodation, and provides staff.
- The coroner’s duties and functions remain the coroner’s despite being appointed and paid by the Council. Therefore, we cannot investigate the actions of the Coroner, or what happened in the Coroner’s Court as they are not an administrative function of the Council. We will also not investigate Ms X’s concerns about how the Council dealt with her complaint because we cannot investigate the substantive matter.
Final decision
- We will not investigate Ms X’s complaint because coronial duties are not an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman