Summary: We will not investigate this complaint about the actions of Council staff caring for the complainant’s relative. This is because we have no remit to consider matters subject to police investigation and ongoing court proceedings.

The complaint

1. Mrs X complains she is out of pocket by £450 due to Council staff stealing cash during a home visit.
2. Mrs X advises a staff member has been suspended and the police are involved. She complains she has been told she cannot be reimbursed until the matter is concluded in court

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate as the complaint relates to matters currently subject to police investigation and court proceedings. As outlined in paragraph 4, we cannot investigate issues considered by a court. It would also be inappropriate to investigate alongside ongoing criminal enquiries. The complaint is therefore outside jurisdiction.

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Final decision

7. We will not investigate Mrs X’s complaint because it lies outside of our remit.

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Investigator's decision on behalf of the Ombudsman