Summary: We cannot investigate Mrs X’s complaint about a coroner because the Council is not responsible for the actions of coroners and their officers who carry out coroners' functions, and we cannot investigate the actions of other bodies. We will not investigate the Council’s complaint handling because it is not a good use of public resources.

The complaint

1. Mrs X complained about the actions of a coroner and the inquiry conducted into a family member’s death. Mrs X also complained about the Council’s complaints process.
2. Mrs X said the matter caused her distress, frustration, and uncertainty.

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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).
5. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as coroners and coroners’ officers carrying out their functions. (Local Government Act 1974, sections 25 and 34(1), as amended)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The role of the coroner is to investigate certain types of death and decide how, when, and where a person died. The coroner may hold an inquest in a Coroner’s Court if necessary.
10. The council for the relevant area appoints a coroner, and usually funds the service, provides accommodation, and staff. Sometimes the police also pay and provide staff. Coroners are special judges and make their own decisions. These are not council decisions. So, the law says we cannot investigate coroner’s decision making.
11. We can only consider a complaint about the council’s limited responsibility to appoint and fund a coroner service. We cannot investigate the actions taken by a coroner or their officers because they concern the coroner’s functions, not the council’s.
12. People may complain to the coroner’s service itself if they are unhappy with its actions. If not satisfied with the response they may then complain to:
• the relevant council, although the coroner, not the council, is responsible for the actions of staff provided by the council to support the coroner;
• the Judicial Conduct Investigations Office about the conduct or actions of a coroner;
• where relevant, the police service which provides the coroner’s investigative officers, then the Independent Office for Police Conduct; or
• the High Court by an application for Judicial Review of a coroner’s verdict.
13. Consequently, we cannot investigate Mrs X’s complaint because it relates to the role of the coroner and their officers, and the law says we cannot investigate.
14. We will not investigate the Council’s complaints handling. 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

15. We cannot investigate Mrs X’s complaint because the Council is not responsible for the actions of coroners and their officers who carry out coroners' functions, and we cannot investigate the actions of other bodies. We will not investigate the Council’s complaint handling because it is not a good use of public resources.

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Investigator's decision on behalf of the Ombudsman