Summary: We cannot investigate Mr X’s complaint about the actions of the coroner’s service. This is because we have no power to do so.

The complaint

1. Mr X complained that following his father’s death, he raised queries to the coroner’s service, and it assured him he would receive a full report addressing his queries. Mr X said this never happened and he was only given a brief standard report.
2. Mr X said this meant he lost the opportunity to obtain a private post-mortem, to properly clarify the circumstances of his father’s death.
3. Mr X wanted the Council to acknowledge its alleged failings, apologise, and review the coroners’ processes and procedures.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
6. 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)

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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 unexpected deaths and give findings on what they consider to have been the cause.
10. Coroners are judicial office holders carrying their own functions as set out in law. The council for the relevant area appoints a coroner, funds the service, and provides accommodation and staff.
11. We can only consider a complaint about the Council’s limited functions in relation to coroners. We cannot investigate the actions taken by a coroner or their officers because they are about the coroners’ functions, not the Council’s.
12. People may complain to the coroner’s service itself if they are unhappy with its actions. They may also complain to the Judicial Conduct Investigations Office about the conduct or actions of a coroner. A coroner’s decision can only be challenged by Judicial Review at the High Court.
13. Mr X’s complaint relates to information provided to him by, and the actions of, the coroners’ service, so we cannot investigate this complaint.

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Final decision

14. We cannot investigate Mr X’s complaint. This is because it concerns the actions of the coroner’s service, and we have no power to investigate them.

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Investigator's decision on behalf of the Ombudsman