Summary: We cannot by law investigate this complaint about the Council making purportedly making allegations against the complainant which resulted in her being arrested. This is because the issues raised overlap with matters being investigated by the police.

The complaint

1. The complainant (Ms X) complains the Council had her wrongly arrested by police with respect to her management of her mother’s (Mrs Y) finances while she resides in a care home. Ms X says the allegations raised are without merit as she has lasting power of attorney for her Mrs Y’s finances. She feels the Council’s conduct towards her amounts to harassment.
2. In summary, Ms X says she is being prevented from contacting Mrs Y which is causing her to worry about whether her care needs are being met. As a desired outcome, Ms X wants Ms Y to be moved from her current care home due to the concerns she has about her wellbeing. She also wants the allegations made against her resolved.

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The Ombudsman’s role and powers

3. 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).

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How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. In mid-2023, Ms X was arrested for suspected fraud relating to her Mrs Y’s finances. She was released on bail subject to the conditions that she make no contact with Mrs Y whatsoever, nor make any financial transactions relating to her care. It is clear from the Ms X’s complaint to us that she is still subject to these conditions and that the police investigation is ongoing. We have no legal jurisdiction to investigate a complaint where the issues raised concern action being taken by a policing body for the purposes of detecting and/or preventing crime. The restriction I outline at paragraph three (above) applies.

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Final decision

6. We cannot by law investigate this complaint. This is because the issues raised overlap with matters being investigated by the police.

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Investigator's decision on behalf of the Ombudsman