Summary: We will not investigate how the Durham Police and Crime Panel considered a complaint about the Durham Police and Crime Commissioner. It is unlikely an investigation would find fault affected the Panel’s decision for informal resolution.

The complaint

1. Mrs X complains about the Council’s Police and Crime Panel (the Panel) decided not to refer her complaint about the Police and Crime Commissioner to the Independent Office for Police Conduct, instead deciding on an informal resolution.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We do not provide an appeal against the Panel’s decision; we can only consider how it considered Mrs X’s complaint. Further, it is not our role to investigate or comment on the actions of the PCC.
6. The Council confirms the Panel considered Mrs X’s complaint and the PCC’s response, together with her responses. It considered the available evidence and reached a conclusion based on its judgement. It also explained its reasons to Mrs X.

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Final decision

7. We will not investigate Mrs X’s complaint because there is not enough evidence of fault in the way the Council considered her complaint to justify our involvement.

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Investigator's decision on behalf of the Ombudsman