Summary: We will not investigate Mr X’s complaint the Police Crime Commissioner would not complete an independent review. It is not a good use of public resources to investigate where we cannot make findings on the substantive matter.

The complaint

1. Mr X complained the Police Crime Commissioner (PCC) would not complete an independent review into the Police’s consideration of alleged criminal conduct. He said the PCCs decision had allowed the perpetrator to avoid investigation. Mr X said he was a victim of crime. He wants an independent review.

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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 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)
4. 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))
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant and the Authority.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X’s primary complaint is about how the Police dealt with his report of an alleged crime. The law states we cannot investigate any action taken by the Police in connection to the investigation or prevention of crime, therefore, Mr X’s substantive complaint is outside our jurisdiction.
9. As we cannot investigate the substantive complaint, we will not investigate the PCCs decision not to complete an independent review. That is because there is nothing worthwhile to be achieved, nor it is not a good use of public resources to investigate where we cannot look at the substantive matter.

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Final decision

10. We will not investigate Mr X’s complaint because it is not a good use of public resources to investigate where we cannot make findings on the substantive matter.

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Investigator's decision on behalf of the Ombudsman