Summary: We will not investigate this complaint about the actions of a coroner and pathologist. Such actions are not administrative functions of the Council and are therefore not within our jurisdiction.

The complaint

1. Mrs X complains the Coroner requested the unnecessary removal of her late father’s brain as part of a postmortem without explaining the reasons for this action.

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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 Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman has limited jurisdiction to look at complaints about the actions of the coroner’s office. Coroners are judicial office holders and not employees of the council.
7. The coroner’s service is funded by councils which usually provide the coroner with administrative support. The Ministry of Justice publish a set of service standards which the coroner’s office should follow.
8. Generally, the Judicial Conduct Investigations Office deals with complaints about the personal conduct of coroners.
9. I understand Mrs X is distressed at the removal of her father’s organs for testing as part of the postmortem process. However, it is the coroner who decides when postmortems are required. It is the pathologists who carry out the examinations who decide on how they should proceed. This includes any requests for further testing, what samples should be taken and the volume of such samples.
10. We cannot consider a complaint about the actions of the coroner or the pathologist as they are not within our jurisdiction.

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Final decision

11. We will not investigate Mrs X’s complaint because the actions of coroners and pathologists are not matters that fall within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman