Summary: We cannot investigate this complaint about how the Police and Crime Commissioner dealt with complaints about police action. We cannot investigate matters about the prevention and detection of crime.

The complaint

1. Mr X complains the Police and Crime Commissioner (PCC) failed to investigate his complaints about the time taken to investigate following his arrest. He says this has caused significant mental and financial distress.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint 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 5/5a, paragraph 2, as amended)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as policing bodies. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Authority.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. A Police and Crime Commissioner is a body in our jurisdiction. However, the only actions we can look at are those of the Commissioner him or herself. Complaints that may be within jurisdiction include such purely administrative acts as land acquisition or disposal and liability as a landlord.
8. We are expressly prohibited from investigating complaints about action taken in connection with the investigation or prevention of crime. As Mr X’s complaint is about the investigation following his arrest, we cannot investigate his complaint. (Local Government Act 1974, Schedule 5, Section 26[2])

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Final decision

9. We will not investigate Mr X’s complaint because it is about actions on the investigation of a crime.

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Investigator's decision on behalf of the Ombudsman