The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to share information relating to coronial proceedings. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The issues Mrs X is complaining about are closely linked to legal proceedings and can be addressed during these proceedings.
The complaint
Mrs X was unhappy the Council declined to allow her full access to a domestic homicide report in order she could take legal advice during coronial proceedings. Mrs X said this will adversely affect the proceedings.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint, because the coroner has extensive powers to obtain information, they see necessary and therefore matters relating to disclosure of information can be addressed during these proceedings.
Investigator's decision on behalf of the Ombudsman