Summary: We will not investigate this complaint about a coroner and the actions of a coroner’s office. This is because these actions are those related to a coroner’s function and are not an administrative function of the Council.

The complaint

1. Miss X complained because she was unhappy with the level of service given to a family member, while in the care of Westminster Mortuary. Miss X was also unhappy there had been errors on records and these concerns have caused her emotional and psychological distress. Miss X now wants an apology.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).

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How I considered this complaint

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

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My assessment

5. The coroner’s duties and functions 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.
6. We cannot investigate here. The law will not allow us to consider actions that are not part of the Council’s administrative functions.

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Final decision

7. We will not investigate Miss X’s complaint because the actions Miss X complained about are the coroner’s actions and not administrative actions of a Council.

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Investigator's decision on behalf of the Ombudsman