The Ombudsman's final decision
Summary: We will not investigate this complaint about a coroner. The coroner’s actions were as part of the coroner’s functions, and were not an administrative function of the Council. The matters complained about are therefore not within the Ombudsman’s jurisdiction.
The complaint
Miss X complained about the actions of Westminster Coroners, including delays and using the wrong address. Miss X said these matters led to her family member’s remains deteriorating, and significant distress for the surviving family. She wanted apologies, answers and a financial remedy.
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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Our powers in relation to coroners are limited. We can consider complaints about the exercise of a council’s administrative functions. These include appointing senior coroners, paying the salary or fees of coroners, reimbursing their expenses, providing staff and providing accommodation.
The coroner’s duties and functions remain the coroner’s despite being appointed and paid by the Council and coroner’s officers being provided 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. It is open to Miss X to contact the Judicial Conduct Investigations Office.
Final decision
We will not investigate Miss X’s complaint because the coroner’s actions are not an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman