Summary: We will not investigate this complaint about the way the Police and Crime Panel dealt with Mr X’s complaint. It is unlikely we would find fault affected the decision to take no further action on his complaint about the Police and Crime Commissioner.

The complaint

1. Mr X complains about the way the Police and Crime Panel (PCP) dealt with his complaint about the Police and Crime Commissioner.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’ which we refer to as ‘fault’. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. We cannot question whether a decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached that is likely to have affected the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Authority.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Ombudsman is expressly prohibited by Schedule 5 of the enabling legislation from investigating complaints about action taken by either Police and Crime Commissioners (PCCs) or Police and Crime Panels (PCPs) in connection with the investigation or prevention of crime. Complainants wishing to complain about such matters contact the relevant police authority or the Independent Office for Police Conduct.
7. We do not provide an appeal against the PCP’s decision; we can only consider how it considered Mr X’s complaint. Also, it is not our role to investigate or comment on the actions of the PCC.
8. From the information I have seen, the PCP considered the information Mr X provided. It decided his complaint stemmed from alleged failures in the investigation of a crime committed against Mr X.
9. It is not the role of PCPs to scrutinise the performance of the police force as a whole or the Chief Constable, as this is the responsibility of the PCC. Instead, the Panel operates at a strategic level, such as scrutinising PCC budgets and confirming appointments.
10. It considered the available evidence and reached a conclusion based on its judgement. It also explained its reasons to Mr X.

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Final decision

11. We will not investigate this complaint. I recognise Mr X disagrees with the PCP. However, it is unlikely we would find fault in the way it decided not to take any action on his complaint about the PCC.

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Investigator's decision on behalf of the Ombudsman