Summary: We will not investigate this complaint about the placement of a street lamp and a subsequent data breach. This because the complaint about the street lamp is made late and the Information Commissioner is better placed to deal with complaints about data protection matters.

The complaint

1. Mrs X complains about the location of a street lamp which she says shines light though her windows and restricts access to her property. Mrs X also complains that the Council committed a data breach by publishing her personal information on the internet.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. In 2022, the Council considered a complaint from Mrs X about the placement of the street lamp. It advised Mrs X how she could escalate her complaint to stage two of the complaints process. Mrs X asked us to consider her complaint but we advised her she would first need to complete the Council’s complaints process.
8. I will not investigate Mrs X’s complaint about the placement of the street lamp. This is because the complaint is made late. I see no good reason why Mrs X could not have escalated the matter through the Council’s complaints process in 2022, and then asked us to consider the matter.
9. I will not investigate Mrs X’s complaint that the Council has committed a data breach by publishing her personal information online. This is because the Information Commissioners Office (ICO) is better placed to consider complaints about how personal data is managed, including breaches of data protection regulations.

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Final decision

10. We will not investigate Mrs X’s complaint because it is made late and the ICO are better placed to consider complaints about breaches of data protection regulations.

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Investigator's decision on behalf of the Ombudsman