Surrey Police and Crime Panel (21 014 415)
Category : Other Categories > Councillor conduct and standards
Decision : Closed after initial enquiries
Decision date : 31 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate how the Surrey Police and Crime Panel considered a complaint about the Surrey Police and Crime Commissioner. It is unlikely an investigation would find fault affected the Panel’s decision to take no further action.
The complaint
- The complainant, who I refer to here as Mx B, complains the Surrey Police and Crime Panel (PCP) decided to take no further action on a complaint about the Surrey Police and Crime Commissioner (PCC).
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by Mx B which included the PCP’s decision on their complaint. I have also considered our Assessment Code.
My assessment
- We do not provide an appeal against the PCP’s decision; we can only consider how it considered Mx B’s complaint. Further, it is not our role to investigate or comment on the actions of the PCC.
- The PCP considered the information Mx B provided about the actions of the PCC, other available information and legal advice. Its investigation was proportionate to the concerns raised. It considered the available evidence and reached a conclusion based on its judgement. It also explained its reasons to Mx B.
Final decision
- We will not investigate this complaint. While I recognise Mx B may disagree with the PCP, it is unlikely we would find fault by affected the decision to take no further action on the complaint about the PCC.
Investigator's decision on behalf of the Ombudsman