Summary: We will not investigate this complaint about the Authority’s consideration of X’s complaint against police. Because we cannot investigate the substantive matters that X initially complained about, we cannot carry out any meaningful investigation and there is no worthwhile outcome we can achieve.

The complaint

1. The complainant said they were unhappy with a review the Authority carried out into their earlier complaint against police. They said the review was biased and there were delays. They said this caused anxiety and frustration and they now want the police to carry out a fresh investigation.

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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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I considered information provided by the complainant and the Authority.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. X made a complaint directly to the police, relating to how the police investigated an allegation of crime. Following that investigation, X asked the Authority to review the earlier police complaint investigation. X then complained to us saying they were unhappy with the review the Authority had carried out.
7. We will not investigate X’s complaint about the Authority’s review. The law does not allow us to investigate X’s substantive complaint, which is about the actions of police in investigating crime. Therefore, because we could not carry out a meaningful investigation, there is no worthwhile outcome we can achieve.
8. Additionally, we could not direct the police to reinvestigate in any case, as we do not have any jurisdiction over police.

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Final decision

9. We will not investigate this complaint because there is no worthwhile outcome we can achieve because the substantive matters are outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman