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Feedback & Complaints

COMPLIMENTS AND COMPLAINTS POLICY

FOR BERKSHIRE CORONER’S SERVICE

Introduction:

Berkshire Coroner's Court welcomes all feedback.

As stated in the Ministry of Justice guide to Coroner Services, coroners’ courts are committed to providing a service which meets the needs of the public it serves.

The jurisdiction has a process for recording both compliments and complaints - please see below for the individual processes.  Our service welcomes feedback to enable us to  monitor the way we work and to improve our service for the future, which is recorded in the courts’ annual reports.

Every compliment is seen by the senior coroner who will liaise with the senior coroner’s officer to ensure appropriate recognition.

Every complaint is seen by the senior coroner, who consults with the coroners team manager and/or senior coroner’s officer to agree how it is to be handled.

All feedback should be relayed to coroner@reading.gov.uk

Please see Section 8 of the Ministry of Justice's guide to Coroner Services for further information (A Guide to Coroner Services for Bereaved People).  

COMPLIMENTS POLICY

The Berkshire Coroner’s Service is very happy to report that we receive far more compliments and thanks than complaints.

Please note that the coroner’s service is here to support you throughout the inquest procedure and it does not expect any recognition for the necessary work it does at what we know is probably the most difficult period of your life.

That said, some people wish to express their thanks to the staff for the support and guidance offered throughout the inquest process.  These compliments mean a great deal to the staff.

The senior coroner has asked to see all such correspondence.

We ensure that the email/letter is passed to the relevant people. If it is addressed to one person in particular, they will be given the original.

Although we are very grateful for the kindness of the gesture, the coroners, as judges, cannot accept any gifts for the work they do.

COMPLAINTS POLICY

If you have a complaint/concern, you should firstly consider what or who it concerns, as there are different procedures for different types of complaint/concern.  Please follow the specific guidelines for each matter.

This policy outlines procedures for complaints/concerns regarding coroners, court staff working in the coroner’s court, the building/facilities, other professionals working under the coroner’s jurisdiction and data protection.

Some complaints fall outside of the proper jurisdiction of the senior coroner as they relate to individuals or organisations outside of the senior coroner’s direct control (for example a mortuary or a pathologist). Here, a concern would be referred on to that organisation/individual or you will be directed to the appropriate place to lodge your complaint.

Complaints that relate to a judicial decision made by a coroner cannot be investigated as a complaint. Such concerns may in some instances be resolved with a written explanation of the judicial decision by the relevant coroner. The process for challenging a judicial decision is set out below.

For complaints about a Coroner:

A senior coroner has authority over the jurisdiction and the manner in which it is run, however a senior coroner has limited powers when dealing with issues concerning fellow coroners and decisions made by other coroners in their jurisdiction. All coroners are independent judges.

Complaints about a coroner can be made to The Judicial Conduct Investigation Office (JCIO). Examples of potential personal misconduct would be the use of insulting, racist or sexist language, inappropriate anger or unreasonable delays.

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.

Alternatively, you can download the JCIO complaints form and send it to the JCIO by fax, post or email. You can also complain by letter or email. The JCIO’s contact details are:

The Judicial Conduct Investigations Office 81 - 82 Queens Building

Royal Courts of Justice

Strand, London WC2A 2LL

Tel: 020 7043 4719

Email: inbox@jcio.gsi.gov.uk Fax: 020 7073 4725

Further information about complaints about coroners is also on the website.

Please note that there is a separate protocol for legal professionals to raise a complaint about a coroner: Protocol for Legal Professionals Wishing to Raise Concerns Informally About Coroner Behaviour

Challenging a Coroner’s Judicial Decision

Complaints cannot be made about judicial decisions. If it is a decision during the course of the investigation, initially you should discuss the matter with the coroner’s officer and then, if necessary, write to the coroner seeking an explanation and/or review of the decision.

Examples of judicial decisions during an investigation include:

Once an inquest is concluded, a coroner becomes “functus officio” which means the coroner is regarded as having performed/finalised their legal duty and they no longer have the authority to act further.  A conclusion to an inquest is legally binding and cannot be changed by that coroner. Once a coroner has reached a conclusion at the end of an inquest, the coroner cannot re-open it, re-hear it or change the conclusion.

If you are dissatisfied with the outcome of the inquest or investigation there are 2 methods by which a coroner’s decision can be challenged.The grounds for doing so are complex and advice should be sought from an independent lawyer with expertise in this area of the law.

The legal processes for review of a judicial decision are these:

An application to the High Court for judicial review of a decision. There are occasions when this can be done urgently during an investigation, but more usually it relates to the conclusion of the inquest, when it must be done within 3 months of completion of the inquest.

There is also a separate power under section 13 of the Coroners Act 1988 by which the Attorney General may initiate an application to the High Court for an inquest to be held if a coroner has neglected or refused to hold one, or for another inquest to be held on the grounds that it is necessary or desirable. There is no time limit under these circumstances.

For complaints/concerns about a member of the coroner's service staff or the building/facilities:

Berkshire Coroner’s Service staff are employed by Reading Borough Council and therefore complaints are dealt with following the Council’s complaints policy: Corporate complaints procedure - Reading Borough Council

We will confirm that we have received your complaint and let you know who will be investigating within five working days.

The Investigating Officer will review the case, talk to everyone involved and confirm the outcome of your complaint within 20 working days.

Please be aware that the staff working in the court do so at the direction and guidance of the senior coroner, but are employed by the Local Authority. Therefore if there are complaints/concerns regarding an individual it may not be the senior coroner who is required to conduct an investigation, and particular processes may need to be followed, depending on who is responsible for the issue.

The Process:

We will send you an acknowledgment on receipt of your complaint within 5 working days.

We will then investigate your complaint. This will occasionally involve the senior coroner, who will review the case file and speak to the relevant person to determine how the investigation proceeds.

We will send you a substantive written response to your complaint, including the coroner’s suggestions for resolving the matter, within 20 working days of the receipt of your complaint.

The coroner can only act within their official capacity, and there may be occasions when they are unable to handle your enquiry. If this is the case, you will be advised to send your complaint to the appropriate authority/organisation.

What if I disagree with the outcome of the complaint investigation (in relation to coroner service staff)?

If you are dissatisfied with the investigation of your complaint you can ask us to review your complaint again – this is “Stage 2” of our complaints process.

After review, should a complainant remain dissatisfied with the decision or actions of the service the final course of action which they may take is to contact the Local Government Ombudsman/Housing Ombudsman.

The Local Government Ombudsman, at http://www.lgo.org.uk/making-a-complaint, or by calling 0300 061 0614 or 0845 602 1983. Alternatively you may complain in writing to: The Local Government Ombudsman PO Box 4771 Coventry CV4 0EH

Complaints about a pathologist who conducts a post mortem examination

If you wish to complain about a pathologist, you should write to the coroner using the contact details above.

Serious complaints can also be made to the General Medical Council (GMC). The GMC can take action to remove or restrict a doctor's right to practice if it considers that there has been a serious or persistent breach of its guidance. You can submit a complaint online at

https://www.gmc-uk.org/ patient_online_complaints

For further information, or if you wish to speak to a GMC adviser, please telephone 0161 923 6602.

A complaint about a registered forensic pathologist should be made to the GMC and the Home Office. Details for the Home Office are at https://www.gov.uk/forensic-pathology-role-within-the-home-office.

Other Complaints:

Other people who may have conducted work for the coroner or in connection with a coronial enquiry may fall outside of the remit of the coroner.  In the first instance, please raise your concern with the coroner’s officer and you will be directed to the relevant place to send your concerns.  This covers complaints about general practitioners/hospitals/care homes etc.

Data Protection:

If you have a concern regarding a data protection breach, the senior coroner is the Data Controller for the court.  Please address your concern to the senior coroner who will ensure the matter is investigated in accordance with GDPR procedures.

Vexatious complaints and serial complaints:

The court and its staff will always treat people with courtesy and politeness.  The senior coroner expects all interaction with the court to follow the same principles. 

The court will not accept vexatious complaints. If the complaint contains insults or derogatory comments, they will be ignored in totality.

If a person is known to make continual complaints, while a complaint will be considered, should it become apparent that a complaint (or series of complaints) are being made in order to disrupt the interests of justice, undermine the judicial process, being used as an attempt to intimidate the coroner or their staff or to cause harassment, the complainant will be told to desist from such correspondence.  If correspondence continues, the complainant may be referred to the legal department of the local authority or the police with regard to harassment.