Summary: We cannot investigate this complaint about the response that HM Coroner and a coroner’s officer provided to X. This is because these actions relate to coronial proceedings and are not an administrative function of the Council. Therefore, we have no power to investigate.

The complaint

1. X complained about the response of both the coroner and a coroner’s officer during coronial proceedings. They said the extent of communication was poor and left several unanswered questions remaining. X wants lessons to be learned and for the service to improve its communication.

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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 the complainant and I considered the Ombudsman’s Assessment Code.

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My assessment

5. A coroner’s duties and functions under the Coroners and Justice Act 2009, 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. Because the substance of X’s complaint relates to coronial proceedings and the limitations of our powers at paragraph three, we cannot investigate their complaint.

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Final decision

7. We cannot investigate X’s complaint because the actions they complain about are not an administrative function of the Council and the law does not allow us to in these circumstances.

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Investigator's decision on behalf of the Ombudsman