The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of the coroner’s office. We do not have the power to investigate the actions of the coroner or the coroner’s office which completes administrative tasks on the coroner’s behalf.
The complaint
X complained about the actions of a coroner and coroner’s staff, including actions relating to the coroner’s investigation, information gathering, and response to a subject access request.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We investigate complaint about councils and certain other bodies. We cannot investigate the actions of bodies such as the coroner. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate X’s complaints about the actions of a coroner or their staff during an inquest. A coroner is an independent judicial office holder (and not a local authority employee).
Coroners are appointed and funded by a Council and investigate deaths in that Council’s area. However, the coroner’s duties and functions performed under the Coroners and Justice Act 2009 remain solely the coroner’s despite being appointed and paid for by the Council.
When undertaking tasks on behalf of a coroner as part of the coroner’s statutory functions relating to coronial investigations, coroner’s officers are exercising the coroner’s functions, not those of the Council. We cannot therefore consider complaints about those actions.
Because X’s complaints relate to the actions of a coroner and their staff in executing the coroner’s functions, we cannot investigate this complaint.
Final decision
We cannot investigate X’s complaint because we have no power to investigate the actions of the coroner or those undertaking tasks on the coroner’s behalf.
Investigator's decision on behalf of the Ombudsman