The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s delay in responding to Mr X’s complaint concerning its Police and Crime Panel. This is because there are insufficient grounds to warrant an investigation and no useful outcome an investigation could achieve.
The complaint
The complainant, who I refer to as Mr X, says the Council delayed in responding to the complaint he had made about the Police and Crime Panel and its handling of his complaint made against the Police and Crime Commissioner.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council’s Police and Crime Panel about the actions of the Police and Crime Commissioner and then about its failure to respond to his complaint.
The Council apologised for its delay in replying. It said it had had to seek legal advice from Counsel, but it accepted it had taken too long to get advice on the matter and provide Mr X with his response. Having now received this advice, it told Mr X that its Panel could not, as a matter of law, consider the complaint he had made to the Panel because it was not within the legal remit of the Panel to do so. It explained the conduct about which he had complained was not that of the Police and Crime Commissioner but that of a third party and so the Panel could not consider the complaint.
While I understand it has taken a number of months for the Council to reply to Mr X and that he has been frustrated by the delay, it has now clarified its legal position. Having done so, there are insufficient grounds to warrant a formal investigation by the Ombudsman and no useful outcome an investigation could achieve.
Final decision
We will not investigate Mr X’s complaint because there are insufficient grounds to warrant an investigation and no useful outcome an investigation could achieve.
Investigator's decision on behalf of the Ombudsman