Summary: We cannot investigate Mr X’s complaint about the conduct of the Police and Crime Commissioner because it relates to underlying policing matters, including the investigation of crime. We have no power to investigate these matters. We will not investigate Mr X’s complaint about the Authority’s complaint handling because there is no worthwhile outcome we can achieve.

The complaint

1. Mr X asked the Police and Crime Commissioner (PCC) to raise his concerns about desktop investigations of crime with the Chief Constable. Mr X complains that, after receiving the PCC’s response to his request, the Authority failed to send him information about its complaints procedure.

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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. 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))
5. 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

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. A Police and Crime Commissioner is a body we can investigate, but we can only investigate their administrative actions or decisions.
9. Mr X’s complaint against the PCC arises from concerns he has about desktop investigation of crime by the Police. We cannot investigate such matters. This is because the law says we cannot investigate complaints about action taken in connection with the investigation or prevention of crime.
10. It is not proportionate to investigate Mr X’s complaint about the Authority’s complaint handling alone, including any failure to respond to contact following an unsuccessful complaint review, when we cannot consider the substantive matter. The Authority has now sent Mr X details of its complaints procedure and apologised for not sending this sooner. We cannot achieve the outcome Mr X wants in any case (for the PCC to raise his concerns with the Chief Constable). Therefore, there is no worthwhile outcome achievable by us investigating that aspect.

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Final decision

11. We cannot investigate Mr X’s complaint about the conduct of the Police and Crime Commissioner because it relates to underlying policing matters, including the investigation of crime. We have no power to investigate these matters. We will not investigate Mr X’s complaint about the Authority’s complaint handling because there is no worthwhile outcome we can achieve.

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Investigator's decision on behalf of the Ombudsman