Summary: We cannot investigate this complaint about delays with coronial processes. Nor can we investigate Ms Y’s complaint about the conduct of the coroner. 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. Ms Y complained about delay in coronial processes following the bereavement of a family member, and about the conduct of the coroner.
2. Ms Y wants the Council to reprimand the coroner and disassociate itself from him.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by Ms Y and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms Y initially raised concerns about coronial processes with the coroner’s office, but discontinued her complaint whilst dealing with her bereavement. Her concerns focused on delay, unhappiness with the decision not to stage a post-mortem, and the attitude of the coroner.
8. 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.
9. Because these matters relate to coronial proceedings and the limitations of our powers at paragraph four, we cannot investigate this complaint.
10. Ms Y also complained to the Council about the same issues. The Council said it was unable to investigate the complaint as it was outside its jurisdiction. The Council told Ms Y that complaints about coronial conduct needed to be addressed to the Judicial Conduct Investigations Office, and a challenge to the coroner’s decision would require a Judicial Review.
11. Ms Y was dissatisfied with the Council’s handling of her complaint. We will not investigate this. 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.

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Final decision

12. We cannot investigate Ms Y’s complaint because the actions she complains about are not an administrative function of the Council and we have no power to investigate.

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Investigator's decision on behalf of the Ombudsman