The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to put Mr X’s complaint about the Coroner’s Office through its complaints procedure. We are unlikely to add anything to the substantive matter about the location of the inquest.
The complaint
Mr X complains about the location of an Inquest due to be held into the premature death of his late brother. He would like the location to be changed to a more convenient location due to his late brother’s severely disabled partner’s needs.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council which includes a letter from the Coroner’s Office.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman has limited jurisdiction to look at complaints about the actions of Coroners. Coroners are judicial office holders and not employees of the council. Coroners’ decisions can only be challenged by way of judicial review.
But the service is funded by Local Authorities and usually the authority provides the Coroner with administrative support, usually known as the Coroner’s office.
I will not investigate Mr X’s complaint. I note the Coroner’s Office has responded to Mr X about the location issue. And government guidance requires the Coroner’s office to take in to account bereaved families’ views on dates and timings of inquest. It is silent on location. It is therefore unlikely we would be able to add anything more by investigating.
There is no fault by the Council in not accepting a complaint about the Coroner’s Office in this case.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to be able to add to the response by the Coroner’s office. And there is no fault by the Council in not accepting the complaint
Investigator's decision on behalf of the Ombudsman