Summary: We will not investigate Ms X’s complaint that a Council officer has committed fraud. The is because the police are better placed to consider the issues raised and because we cannot achieve the outcome Ms X is seeking.

The complaint

1. Ms X complains that a Council officer has committed fraud which has impacted her financially. She wants a criminal investigation to be carried out and for the officer to be dismissed.

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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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I will not investigate Ms X’s complaint. The police are better placed to consider allegations of a criminal nature such as fraud. Furthermore, we have no power to recommend disciplinary action against staff members so cannot achieve the outcome Ms X seeks.

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Final decision

6. We will not investigate Ms X’s complaint because the police are better placed to consider the issues raised and because we cannot achieve the outcome Ms X is seeking.

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Investigator's decision on behalf of the Ombudsman