Summary: We cannot investigate Mr X’s complaint about actions taken against him by the police which he believes are the result of a campaign against him by a council officer acting as Police and Crime Commissioner. There is no evidence to show the action taken against Mr X was directed by the Police and Crime Commissioner and if it was it would be barred from investigation. We have no power to investigate complaints about actions taken by the police.

The complaint

1. The complainant, Mr X, complains about the conduct of a council officer acting as Police and Crime Commissioner. He says they have orchestrated a campaign against him by the police over several years which included accusing him of crimes, stealing his vehicles and ordering him to appear at court.

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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’. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. 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)
5. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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My assessment

8. Mr X believes the council officer has a vendetta against him and has been using their role as Police and Crime Commissioner to get members of the police force to target him without any lawful basis.
9. The lead Chief Executive for the Greater Manchester Police, Fire and Crime Panel has investigated Mr X’s complaint and explained the officer has no powers to direct operational matters in the manner Mr X claims. It directed Mr X to the Independent Office for Police Conduct and Mr X confirms he has made a complaint about the conduct of the police officers involved.
10. There is no evidence to show the action taken against Mr X was directed by the council officer, however if it was we could not investigate it. This is because we cannot investigate the actions of the Police and Crime Commissioner in connection with the investigation of crime. Mr X has been ordered to attend court and will have the opportunity to speak in his defence if he believes there is no basis for the actions taken against him. He also confirms he has applied to the courts for damages and this further prohibits us from looking at the matter further.

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Final decision

11. We cannot investigate this complaint. This is because the complaint falls outside our jurisdiction. We have no power to investigate complaints about the actions of the Police and Crime Commissioner in connection with the investigation of crime or about the police themselves.

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Investigator's decision on behalf of the Ombudsman