Summary: We will not investigate this complaint about how the Council dealt with the complainants report of corruption. This is because we cannot investigate reports of criminal offences or matters subject to court proceedings. It is also unlikely that we would find fault with how the Council investigated the matter.

The complaint

1. The complainant, who I will refer to as Mr C, complains about how the Council dealt with a report he made, in which he alleged misconduct by some of its officers.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. We cannot investigate action taken by the police in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5/5A, paragraph 1/2, as amended)

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How I considered this complaint

5. I have considered Mr C’s complaint and correspondence between he and the Council. I have sent a draft version of this decision to Mr C and invited his comments.

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What I found

6. Mr C complained to the Council that officers, working for its licensing team, were guilty of misconduct. Mr C said that officers colluded with corrupt police officers during a criminal investigation which was later considered in court.
7. The Council considered Mr C’s complaint under its whistle blowing policy, it was therefore investigated by a fraud manager. The Council wrote to Mr C to inform him that its investigation was complete, but that it would not be sharing the outcome with him.

Assessment

8. I cannot investigate Mr C’s reports of misconduct. This is because this is a criminal offence and is therefore a matter for the police. The actions of the police regarding crime are outside of our jurisdiction. Furthermore, the matters relating to Mr C’s complaint have previously been considered in court. We cannot investigate anything which forms part of legal proceedings.
9. I will also not investigate the Council’s decision to consider Mr C’s concerns under its whistle blowing procedure, and its subsequent decision not to share the outcome with Mr C. This is because it is unlikely we would find fault with the Council’s approach.
10. Mr C was clear in his complaint that his allegations were of misconduct including collusion with corrupt police officers. It is therefore unlikely we would find fault with the Council for using its whistle blowing policy, which is in place for exactly these sorts of matters.
11. The investigation report is likely to contain confidential information to which Mr C has no entitlement to see. It is therefore also unlikely that we would find fault with the Council for refusing to share this with Mr C.

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Final decision

12. We will not investigate this complaint. This is because we cannot investigate reports of criminal offences and it is unlikely that we would find fault in how the process used by the Council to investigate Mr C’s concerns.

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Investigator's decision on behalf of the Ombudsman