Summary: The Ombudsman cannot investigate Mr B’s complaint because we have no power to investigate the actions of the Council as a member of a community safety partnership and the investigation and prevention of crime in its area.

The complaint

1. The complainant, whom I shall call Mr B, complains the community safety partnership has failed to deal with health and safety standards and to protect local communities from crime and help people feel safe. Mr B says he has suffered personal injury as a result of the Council’s negligence, is fearful of leaving his home and there has been a physical and mental effect on him.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I have considered the information Mr B provided and the Ombudsman’s role and powers. I sent a draft decision to Mr B and considered the comments he made in reply before I made my final decision.

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What I found

5. The Council is a partner in the ‘Safer Leeds’ 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 Leeds wants an outcome of ‘…people in Leeds to be safe and feel safe in their homes, in the streets, and the places they go….’
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 Leeds’. The Ombudsman can only consider the actions of the Council as an individual body within ‘Safer Leeds’ 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. Mr B can 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.
10. Mr B says he has suffered personal injury as a result of negligence by the Council. This is not a matter the Ombudsman will investigate because only the courts can decide if the Council has been negligent and has a liability to Mr B for the personal injury he claims.
11. Mr B also complains about the way the Council has responded to his complaints. The Ombudsman will not investigate this as a separate complaint because it is not a good use of public resources to investigate complaints about complaints handling where the Ombudsman cannot investigate the substantive issue.

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Final decision

12. The Ombudsman cannot investigate this complaint. This is because the Ombudsman has no power to investigate the actions of the Council as a member of a community safety partnership and the investigation and prevention of crime in its area.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman