Summary: We cannot investigate this complaint about the coroner’s service. This is because the law does not allow us to investigate the actions of the coroner and their officers.

The complaint

1. Mrs X complains about how long the coroner’s service took to release her late husband’s body, poor communication including not responding to a complaint and lack of empathy

Back to top

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).

Back to top

How I considered this complaint

4. I considered the information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Although the Council appoints the coroner and often funds the coroner’s staff and accommodation, the Council is not legally responsible for the actions or the coroner and coroner’s officers. The coroner and their officers exercise the coroner’s legal functions. This means the actions Mrs X complains of were not administrative actions of the council. The law prevents us investigating those actions.
7. Mrs X complained to the Council, which told her it could not consider a complaint about the coroner’s office.
8. As we cannot investigate the complaint about the coroner’s service, it would be disproportionate to investigate how the Council handled Mrs X’s complaint to it. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint. The law prevents us investigating the coroner and their officers. In the circumstances, it would be disproportionate to investigate the Council’s complaint-handling in isolation.

Back to top

Investigator's decision on behalf of the Ombudsman