Summary: We cannot investigate Mr X’s complaint about the Councils refusal to investigate matters relating to the coronial service. This is because the Council is not responsible for the actions of Coroners and we therefore have no power to investigate.

The complaint

1. Mr X complains that the Council refused to consider his complaint about a Coroner and failed to meet its statutory duty to ensure the safe and lawful operation of the Coroner’s Service. He says this has left his family feeling unsupported. Mr X seeks an explanation of the Council’s duties, senior escalation, a meeting with the Council’s Chief Legal Officer, and confirmation that the Council can investigate these administrative failings.

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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 the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained to the Council that the Senior Coroner failed to comply with the Coroners and Justice Act 2009 following his father’s death. He believes the Council is responsible for the governance and accountability of the Coroner’s Service and requested a formal service investigation and clarification of governance arrangements.
7. The Council expressed its condolences but said it could not accept Mr X’s complaint because issues relating to coronial decisions fall outside its remit. It explained its role is limited to providing accommodation, staff, and support services and said it has no legal power to interfere with or influence judicial decisions made by Coroners. The Council directed Mr X to the Judicial Conduct Investigations Office (JCIO) as the appropriate body to complain to about a Coroner.
8. 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.
9. Because the substance of Mr X’s complaint relates to coronial decisions and the limitations of our powers at paragraph three, we cannot investigate his complaint.
10. In addition, further investigation is unlikely to find evidence of fault with how the Council dealt with Mr X’s request to investigate the actions of the Coroner. The Council correctly signposted Mr X to the Judicial Conduct Investigations Office (JCIO). The JCIO is the appropriate body to consider complaints about the conduct of a Coroner.

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Final decision

11. We cannot investigate Mr X’s complaint because the Council is not responsible for the actions of coroners and we therefore have no power to investigate.

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Investigator's decision on behalf of the Ombudsman