Summary: We cannot investigate this complaint about a coroner’s decision making. This is because any decisions here relate to coronial proceedings and are not an administrative function of the Council. Therefore, we have no power to investigate.

The complaint

1. Mr X was unhappy with the decision of a coroner not to hold an inquest, to investigate the circumstances surrounding the death of his wife. Mr X wants the Coroner to hold an inquest.

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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)
4. 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. When undertaking tasks as part of their statutory functions relating to coronial investigations, coroners are exercising the coroner’s functions, and not those of the Council.

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How I considered this complaint

5. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr X’s complaint because the actions he complains about relate to coronial proceedings and as such are not an administrative function of the Council. Because if this, we have no power to investigate.

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Investigator's decision on behalf of the Ombudsman