Summary: We cannot investigate Mr X’s complaint relating to his concerns about use of Coroner’s official documentation. This is because these matters are not an administrative function of the Council and the law does not allow us to investigate.

The complaint

1. Mr X made a complaint to the Council because he saw there was a failure in governance and oversight. This related to a concern that official coronial documentation had been used in a private postmortem, and he said this impeded an investigation into a death.

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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 I considered the Ombudsman’s Assessment Code.

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My Assessment

5. Mr X complained when it became apparent official coroner’s stationery had been used in a private postmortem. The Council said it could not respond to Mr X’s complaint and referred him to the appropriate body.
6. 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. Matters occurring in relation to any tasks on behalf of a coroner, or as part of the coroner’s statutory functions, or role, are in the exercise of the coroner’s functions, not those of the council, including governance of that role.
7. Because the matters complained about relate to coronial functions, the law I have highlighted at paragraph three means we cannot investigate this complaint.

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Final decision

8. We cannot investigate Mr X’s complaint because the law excludes us from considering it.

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Investigator's decision on behalf of the Ombudsman