Summary: We will not investigate this complaint about the Council reporting the complainant to the Police. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s decision to potentially report him to the Police for views he had expressed. He said the Council threatening to report him to the Police, was a direct threat to his life. He wants the Ombudsman to decide whether it was appropriate for the Council to threaten his life in this way.

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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 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)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We will not investigate Mr X’s complaint about the Council. The Council is entitled to report concerns it has around Mr X’s conduct to the Police if it considers it necessary. We would not consider such a report a threat to Mr X’s life. If Mr X has any concerns about the conduct of the Police, that is a matter for the Police, not the Council.
8. We cannot investigate any action the Police decide to take against Mr X. That is because the law says we cannot investigate the Police in the prevention or investigation of crime.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman