How to Complain

This is an extract from the Ministry of Justice A Guide to Coroner Services for Bereaved People

Section 8

Challenging a coroner’s decision and making a complaint

Key Points

If you do not agree with a decision of the coroner it may, in some circumstances, be possible to challenge it in the High Court.

There is a special legal process for this and you should get legal advice if you are thinking about doing this.

You can also make a complaint about a coroner’s personal conduct or the service you received from the coroner’s office.

 

8.1   What should I do if I have a complaint?

If you have concerns about decisions the coroner has made during their investigation or inquest, as a first step you may want to discuss this with coroner or coroner’s officer to see if your concerns or questions can be dealt with informally. If you still have concerns after speaking to the coroner or the coroner’s officer, then there are ways you may be able to challenge this which are set out below.

8.2   Can I challenge a coroner’s decision or the outcome

of an inquest?

In some circumstances, it may be possible for you to challenge a decision made by a coroner during the inquest (for example, not to call a particular witness) or to challenge the inquest conclusion.

If you are entitled to challenge a decision or the inquest conclusion, you will need to make an application to the High Court for permission to seek a ‘judicial review’ of the coroner’s decision. Judicial review is concerned with whether the law has been followed correctly and the right procedures have been followed. If you want to challenge a coroner’s decision or the inquest conclusion by judicial review you have to do this as soon as possible and in any event no later than three months of the date of the decision or of the inquest ending.

If you are thinking about challenging a coroner’s decision by way of judicial review you should first seek advice from a lawyer with expertise in this area of the law. Judicial review is a complicated legal process. You may have a right to legal aid for judicial review proceedings if your case will have a reasonable chance of success, if it will produce a benefit for you, a member of your family or the environment and if you can show that you cannot afford to pay for legal costs (this is referred to as tests on financial means and the merits).

There is another way, in limited circumstances, of challenging a decision. This involves the Attorney General (the government’s chief legal adviser). The Attorney General, or someone who has the Attorney General’s permission, has a right to apply to the High Court for an investigation to be carried out if a coroner has not held one; or for a fresh investigation to be held (for example because new evidence has come to light). The High Court will only allow a fresh investigation if it will be in the interests of justice. There is no time limit for making these applications. Again, if you are thinking about doing this, you should first seek advice from a lawyer with expertise in this area.

8.3    What do I do if I have a complaint about a coroner’s personal conduct?

If you are not happy about a coroner’s personal conduct, you can first write to the coroner concerned (although you are not required to do so). Examples of what could be personal misconduct are rudeness; the use of insulting, racist or sexist language; or unreasonable delays in holding an inquest or replying to correspondence.

If the coroner cannot deal with your complaint satisfactorily, or you do not wish to write to the coroner, you have a right to complain to the Judicial Conduct Investigations Office (JCIO). There is no charge for complaining to the JCIO and you can do so online via the JCIO website at http://judicialconduct.judiciary.gov.uk/ making-a-complaint.htm. Further information about complaints about coroners is also on the JCIO website.

8.4 What do I do if I have a complaint about the standard of service received?

If you have a complaint about the way a coroner or their staff handled an investigation (for example, if you feel the standards in this Guide are not being met), you should first write to the coroner, and send a copy of your letter to the local authority which funds the coroner service. The coroner’s office will be able to tell you which local authority to contact.

Some coroner’s officers are police officers or are civilians employed by the police. If you wish to make a complaint about a coroner’s officer who is a police officer it may be necessary to first contact the local police force. The coroner’s office will be able to tell you which police force to contact.

You may also complain to the local authority which funds the coroner service you are dissatisfied with. If you are unhappy with the local authority’s response, you have a right to complain to the Local Government Ombudsman about how the local authority dealt with you although the Local Government Ombudsman cannot review or alter a coroner’s decision. You can find more information at https://www. lgo.org.uk/make-a-complaint

There is no charge to complain about the standard of service from a coroner’s office.