Durham County Council (24 010 777)

Category : Other Categories > Other

Decision : Closed after initial enquiries

Decision date : 26 Sep 2024

The Ombudsman's final decision:

Summary: We will not investigate Mrs X’s complaint about the response to her complaint from the Durham Police and Crime Panel. This is because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient personal injustice caused to her and this is not a complaint that we would investigate in the public interest.

The complaint

  1. In summary, Mrs X says the Durham Police and Crime Panel (PCP) has mishandled and failed to properly address matters raised in a petition. But also matters she raised in terms of personal aspects of her complaint.
  2. Mrs X says this has caused her frustration and a sense of powerlessness. Mrs X would like an independent review into the complaints raised about the Police and Crime Commissioner and systemic improvements to the complaints process.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had a significant adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Police and Crime Panels (PCPs) are council (joint) committees, independent of the Police and Crime Commissioner (PCC), that oversee some of the work of the Commissioner. PCPs can investigate complaints about the PCC.
  2. Mrs X is dissatisfied with the conduct of the Durham Police and Crime Commissioner. Alongside numerous others she signed a public petition alleging ‘failures and overspending’ by the PCC.
  3. The PCP responded to Mrs X’s complaint explaining its reasons for not pursuing it any further.
  4. With respect to Mrs X’s personal complaint this related to a complaint she raised in 2021 to the PCC about operational policing matters. The PCP explained this lies outside the remit of the panel.
  5. Mrs X complains the complaint has not been addressed as a public grievance nor have their concerns been addressed satisfactorily.
  6. We will not normally investigate a complaint a complaint where the complaint relates to a wider political/community campaign. These concerns can be more usefully directed at local elected representatives. Further, there is insufficient evidence of a personal injustice arising to Mrs X.

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Final decision

  1. We will not investigate Mrs X’s complaint because it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of a personal injustice and also this is not a complaint we could investigate in the public interest.

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Investigator's decision on behalf of the Ombudsman

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