Summary: We cannot investigate this complaint about the conduct of the Police and Crime Commissioner because it is in connection with underlying policing matters including the prevention and detection of crime.

The complaint

1. Mr X complained about the conduct of the Police and Crime Commissioner (PCC).

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint about action taken by or on behalf of any policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5/5a, paragraph 2, as amended.)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as police forces. (Local Government Act 1974, sections 25 and 34A, as amended.)

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How I considered this complaint

5. I considered information provided by the complainant, and the Ombudsman’s Assessment Code.

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My assessment

6. A Police and Crime Commissioner is a body we can investigate, but we can only investigate their administrative actions or decisions.
7. We are expressly barred from investigating complaints about action taken in connection with the investigation or prevention of crime. Mr X’s complaint against the PCC arises from allegations made against police officers and the Chief Constable about policing matters, so we are unable to investigate it.
8. For complaints about policing, the Independent Office for Police Conduct (IOPC) may be able to help.

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Final decision

9. We cannot investigate Mr X’s complaint because it is in connection with underlying policing matters including the prevention and detection of crime.

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Investigator's decision on behalf of the Ombudsman