Summary: We will not investigate this complaint that the Council has failed to act in respect of fraud involving public funds as this matter is outside our legal remit as it impacts all or most of the people in the Council’s area.

The complaint

1. Mr X complains the Council has failed to take the correct action in respect of public funds Mr X says were obtained fraudulently by a third-party body. Mr X says this has had a detrimental effect on the public purse which impacts all residents in the Council’s area. Mr X wants the Council to escalate the matter to the police and relevant enforcement authorities.

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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 something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

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

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My assessment

6. We cannot investigate Mr X’s complaint as the injustice claimed impacts all or most of the residents in the Council’s area and the matter is therefore outside our legal remit, as per paragraph three.

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Final decision

7. We cannot investigate Mr X’s complaint because it impacts all or most of the people in the Council’s area and is therefore outside our legal remit.

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Investigator's decision on behalf of the Ombudsman