Summary: We will not investigate this complaint about an alleged physical assault which took place between Mrs X and a Council employee. This is because it involves an alleged criminal offence and we do not have the power to investigate criminal matters or the Council’s complaints handling of them.

The complaint

1. Mrs X complains a Council employee assaulted her. She wants the Council to apologise, pay her compensation for her injuries and distress and the employee to be disciplined.
2. Mrs X reported the incident to the Police. This was the best body to consider Mrs X’s complaint. We cannot investigate allegations of crime. Crime is a matter for the police to investigate and ultimately the courts to decide.
3. The Council considered the Police’s decision and CCTV of the alleged incident. It did not uphold Mrs X’s complaint. We will not investigate its decision or its handling of Mrs X’s complaint. That is because 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)). That is the case here.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. We have no power to investigate criminal offences.

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How I considered this complaint

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

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Investigator's decision on behalf of the Ombudsman