Summary: We cannot investigate Ms X’s complaint about matters relating to the coronial service. The Council is not responsible for the actions of Coroners and so the law prevents us from investigating. Additionally, we will not investigate complaints about complaints handling in cases where we cannot investigate the substantive matter.

The complaint

1. Ms X complained about delay in the coronial process and the handling of her complaints about the delay.
2. Ms X said this caused distress and frustration.
3. Ms X wants the inquest process to conclude and for a proper investigation into her complaints.

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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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by Ms X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council’s role with the coroner’s office is limited to providing accommodation, staff, and support services. It has no legal power to interfere with or influence judicial decisions made by Coroners.
10. Similarly, 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.
11. As Ms X’s complaint is about coronial decisions, we cannot investigate. The law prevents us from investigating complaints about matters that are not an administrative function of a council.
12. We will also not investigate Ms X’s complaint about how her complaints were handled. We can decide not to investigate complaints about complaint handling when we are unable to investigate the substantive matter.

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Final decision

13. We cannot investigate Ms X’s complaint because the Council is not responsible for the actions of a Coroner, so we have no power to investigate.

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Investigator's decision on behalf of the Ombudsman