Summary: We will not investigate Miss X’s complaint about the Council’s handling of her complaint about a member of staff. This is because there is another body better placed to consider.

The complaint

1. Ms X complains about the Council’s refusal to investigate her complaint about a member of its staff who drove in to her stationary vehicle and then confronted her.
2. Ms X says an officer spoke to her aggressively in front of her children, but the Council has refused to investigate her complaint about the officer.

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The Ombudsman’s role and powers

3. 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 an investigation if we decide:

• there is another body better placed to investigate.

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

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How I considered this complaint

4. I considered information provided by the complainant which includes the Council’s response.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council says the matter is subject to a police investigation so it would not be appropriate for it to investigate.
7. We will not investigate. While the incident is currently subject to a police investigation, it is best placed to investigate any potential criminal law processes. This would take precedence over any Ombudsman consideration of the Council’s administrative actions.

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Final decision

8. We will not investigate Ms X’s complaint because there is another body better placed to investigate.

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Investigator's decision on behalf of the Ombudsman