The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of a Police and Crime Commissioner reviewing complaints about a police force in relation to a criminal investigation. We have no jurisdiction to investigate this matter.
The complaint
Mr X complained about the authority’s Police and Crime Commissioner failing to carry out a review of the response of the Policing and Crime team to his complaint that the Police had failed to properly conduct itself over a criminal matter.
The Ombudsman’s role and powers
We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Police and Crime Commissioners in relation to criminal investigations by the Police service. (Local Government Act 1974, sections 25 and 34A, as amended)
How I considered this complaint
I considered information provided by the complainant and the Authority.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained about the Police and Crime Commissioner’s failure to respond properly to his complaint about the handling of his complaint against the Police by the Policing and Crime Team. He says the Commissioner dismissed his complaint and sent a letter via a lawyer to dissuade him from pursuing the matter further. He says it is unreasonable to expect him to seek a judicial review of the authority to obtain a proper investigation of his complaint.
We have no jurisdiction to investigate the actions of Police and Crime Commissioners where the substantive matter concerns the actions of the Police in relation to a criminal investigation. In this case the substantive matter relates to the actions of Police officers and the chain of complaints about their actions to supervisory bodies.
Final decision
We will not investigate this complaint about the actions of a Police and Crime Commissioner reviewing complaints about a police force in relation to a criminal investigation. We have no jurisdiction to investigate this matter.
Investigator's decision on behalf of the Ombudsman