Summary: On the evidence currently available, the Ombudsman cannot investigate Ms X’s complaint about a Council report produced for the Police. The report was part of a criminal investigate and we cannot investigate this.

The complaint

1. The complainant, whom I shall call Ms X, complains about the quality of a Council social worker’s capacity assessment.

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The Ombudsman’s role and powers

2. We cannot investigate complaints about action taken by or on behalf of any policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, paragraph 2, as amended)

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How I considered this complaint

3. I considered the information Ms X provided with her complaint which included the Council’s reply. Ms X has the opportunity to comment on this draft version.

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What I found

4. Ms X says that she reported to the Police that Y had seriously harmed her some years ago. She says the Police asked the Council to carry out a capacity assessment on Y. This assessment is to decide if the Police could question Y. Ms X says the capacity assessment said the Police could not question Y. She says the Police dropped the case as a direct result.
5. Ms X says an independent officer should have carried out the capacity assessment. She says the Council appointed someone who knew Y. She says the assessment is not accurate.
6. We cannot investigate this as the Council carried out the assessment at the Police’s request as part of their criminal investigation.

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Draft decision

7. Subject to any comments Ms X might make, my view is the Ombudsman cannot investigate this complaint. This is because we cannot investigate the Council’s role in a Police criminal investigation.

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Investigator's decision on behalf of the Ombudsman