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Cumberland Council (23 015 362)

Category : Adult care services > Other

Decision : Closed after initial enquiries

Decision date : 04 Jun 2024

The Ombudsman's final decision:

Summary: We will not investigate Ms X’s complaint that she was illegally detained by the Police in 2017. We have no jurisdiction to investigate the actions of the Police. We will also not investigate Ms X’s complaint that a Council officer is stalking her. This is a criminal matter and as such, falls outside our jurisdiction.

The complaint

  1. Mr X complains that:
    • she was illegally detained by the Police in 2017; and
    • she is being stalked by a Council officer.
  2. Ms X says this has been distressful and she has lost her work, home and friends as a result. She wants the Council to reconsider its recruitment practices and train its staff to stop stalkers.

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The Ombudsman’s role and powers

  1. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
  2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We cannot investigate criminal matters.

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. We will not investigate Ms X’s complaints. We do not have the power to investigate the actions of the Police. In addition, we cannot investigate alleged criminal matters.

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Final decision

  1. We will not investigate Ms X’s complaints because we do not have the jurisdiction to investigate the actions of the Police or allegedly criminal matters.

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Investigator's decision on behalf of the Ombudsman

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