Summary: The Ombudsman has no power to investigate Mr B’s complaints about the actions of the Council as a member of a community safety partnership and the investigation and prevention of crime in his area.

The complaint

1. The complainant, whom I shall call Mr B, complains the Council has failed to reduce and prevent crime and the fear of crime in his area. Mr B says the Council has allowed violent crime and crimes such as domestic abuse and burglary to increase and he is fearful to leave his home. Mr B complains the Council has failed to respond to his complaint and has referred him to the Police and Crime Commissioner (PCC) for West Yorkshire.

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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 could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Community Safety Partnerships or the PCC where their actions are in connection with the investigation or prevention of crime. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

4. I considered the information Mr B provided and discussed the complaint with Mr B. I invited Mr B to provide further information before I made my final decision.

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What I found

5. The Council is a partner in the ‘Safer Together’ community safety partnership. The partnership brings together agencies including the police, fire and rescue service, housing providers and the clinical commissioning group. The Council’s website says Safer Together is committed to: ‘…reducing and preventing crime, reducing the fear of crime, reducing anti-social behaviour, reducing re-offending, combating the misuse of drugs, alcohol and other substances, reducing domestic abuse and ensuring services are delivered effectively on a local level.’
6. Mr B complains the Council has failed to achieve these objectives and as a result he is fearful to leave his home.
7. The Ombudsman cannot investigate the actions of some multi-agency bodies. This includes community safety partnerships such as ‘Safer Together’. The Ombudsman can only consider the actions of the Council as an individual body within ‘Safer Together’ and not the collective decisions made by that multi-agency body or its achievements against the public commitments it has made.
8. The Police and Crime Commissioner (PCC) for West Yorkshire determines local policing priorities, publishes a plan and holds the chief constable to account for the delivery of policing. The Council has suggested Mr B raise his concerns about the effectiveness of crime reduction and prevention in his area with the PCC.
9. The Ombudsman cannot investigate a complaint about action taken by police and crime commissioners in connection with the investigation or prevention of crime.

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Final decision

10. The Ombudsman cannot investigate Mr B’s complaint because it concerns the actions of the Council as a member of a community safety partnership and the investigation and prevention of crime in his area. The Ombudsman has no power to investigate these matters.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman