Source · LGO (Local Government & Social Care Ombudsman)

Essex County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 23-021-167 Sector Other Categories Category Other Decided 01 May 2024

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Full decision

The Ombudsman's final decision

Summary: We cannot investigate this complaint about actions of the coroner’s office. We have no power to do so.

The complaint

Mr X complains the coroner’s office failed to tell him the opening date for the inquest into his relative’s death. He says this caused distress. He also says the Council’s response to his complaint was poor. He wants the Council to compensate him for the distress caused.

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 this complaint. Although the Council provides staff for the coroner’s office, 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.

We will also not investigate the Council’s handling of his complaint. It is not a good use of public resources to investigate complaint handling, when we are unable to consider the substantive matter.

Final decision

We cannot investigate Mr X’s complaint because we have no power to do so.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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