Summary: We will not investigate this complaint about how the Coroner’s Office handled the inquest. These matters are not administrative functions of the Council, so they fall outside our jurisdiction.

The complaint

1. Miss X says the Coroner’s Office held an inquest into his father’s death but told the family only 24 hours before the hearing. Mr X and his family replied to confirm they wanted to attend, yet the office brought the hearing forward and held it earlier than the time it had given. This meant the family missed the inquest hearing and had no chance to participate.

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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, the Council and the Coroner’s Office.
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. We cannot get the Coroner’s Office to reopen or repeat the inquest, or to set aside the findings. This is not within our jurisdiction.
8. 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.
9. Generally, the Judicial Conduct Investigations Office deals with complaints about the personal conduct of coroners and action taken on their behalf.

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Final decision

10. We will not investigate Mr X’s complaint because Coroners’ decisions do not fall within our jurisdiction.

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Investigator's decision on behalf of the Ombudsman