Summary: We will not investigate this complaint about how the Council dealt with Mrs X’s attendance at a Speed Awareness Course and how it handled subsequent complaints. This is because it concerns action taken on behalf of a local policing body in connection with the investigation or prevention of crime and the law says we cannot investigate it. It is unlikely we could add to the Council’s response in relation to the remaining issues complained about.

The complaint

1. Mrs X says that due to a misunderstanding about her personal circumstances a trainer on a Speed Awareness Course, administered and delivered by the Council, told her she could not participate. There was not time for Mrs X to take the course again before the police deadline. Mrs X therefore missed the opportunity to attend the course to avoid incurring a fine and points on her license. Mrs X was also offended by the content and tone of communication of both Speed Awareness Course staff and the Council complaints team.

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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. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
5. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X says that due to a misunderstanding about her personal circumstances a trainer on a Speed Awareness Course, administered and delivered by the Council, told her she could not participate. There was not time for Mrs X to take the course again before the police deadline. Mrs X therefore missed the opportunity to attend the course to avoid incurring a fine and points on her license.
9. Speed Awareness Courses are administered and delivered by the Council on behalf of the referring police force. 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.
10. Mrs X was also offended by the content and tone of communication of both Speed Awareness Course staff and the Council complaints team.
11. The Council has apologised for the error it made and it has refunded the course fees in full. It has spoken to all trainers to minimise the likelihood of this type of misunderstanding in the future. It has also apologised for the upset and inconvenience caused.
12. It is unlikely an investigation by the Ombudsman would add to this response or achieve anything more for Mrs X.
13. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

14. We will not investigate Mrs X’s complaint because it concerns action taken on behalf of a local policing body in connection with the investigation or prevention of crime. It is unlikely we could add to the Council’s response in relation to the remaining issues complained about.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman