Summary: We will not investigate Mr X’s complaint that he was assaulted by a Council employee. This is because it is a complaint about crime which has already been considered by the police. We cannot investigate allegations of crime.

The complaint

1. The complainant, Mr X, complains he was assaulted by a member of the refuse collection crew during a collection. He also complains about the Council’s handling of his complaint.

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The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained to the Council that he was assaulted by a member of the refuse collection crew who trespassed on his driveway whilst collecting his neighbour’s waste.
6. Mr X also reported the matter to the police. The police investigated and decided not to take any further action due to a lack of evidence.
7. The Council investigated. It agreed with the police’s view that the footage of the incident did not prove or disprove an allegation of assault. It said the footage showed Mr X tried to stop the crew member from pulling the bin down his drive and the crew member trying to pull it away from him.
8. We will not investigate Mr X’s complaint. This is because it is about an allegation of crime which is a matter for the police to investigate. It has already investigated and decided not to pursue the matter further. We cannot change or dispute the outcome and we cannot make a ruling in relation to allegations of crime.
9. We will not investigate Mr X’s complaint about the Council’s handling of his complaint. This is because it is not a good use of limited public resources for us to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

10. We will not investigate Mr X’s complaint because it is about an allegation of crime which has already been investigated by the police. That is the body best placed to consider it. We cannot investigate allegations of crime.

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Investigator's decision on behalf of the Ombudsman