Summary: We will not investigate this complaint about the way the Council responded to a complaint about an officer. This is because there is insufficient evidence of fault by the Council and because the complainant could complain to the Information Commissioner.

The complaint

1. The complainant, Mr X, says the Council mishandled a complaint about an officer. Mr X wants a review of the Council’s investigation, an apology, disciplinary action and staff training.

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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 impact 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

5. Mr X complained to the Council about the conduct of an officer. He says the officer demanded to see his blue badge, questioned whether he has a disability, and took photographs of him and his car. He complains the Council destroyed photographs and will not disclose the name of witnesses. The incident occurred when Mr X was parked in a disabled bay in a restaurant car park.
6. In response, the Council spoke to Mr X, witnesses and the officer. The Council found the evidence suggested Mr X had been aggressive and verbally abusive towards the officer. The Council said the officer asked if Mr X had a badge because she needed to park in a disabled bay. The Council said the officer took photographs of Mr X’s car registration because she was worried by his behaviour; the Council instructed the officer to destroy the photographs. The documents state Mr X was not displaying a badge at the time of the incident; instead, a family member brought the badge to Mr X after the initial conversation with the officer.
7. I will not start an investigation because there is insufficient evidence of fault by the Council. I did not witness the incident so cannot form a view about what happened. However, I see no suggestion of fault in the way the Council responded. It interviewed all the relevant parties and obtained a witness statement from an independent third party. The witness stated there was no wrong-doing by the officer and it was not wrong for the Council to use this evidence as a basis for forming a view about the complaint. In addition, the officer reported she did not demand to see Mr X’s badge but asked if he has one as people sometimes park in a disabled bays without having a badge.
8. I appreciate Mr X may feel frustrated because the Council has not disclosed the name of the witness but data protection law limits the information councils can share. If Mr X does not think the Council should have withheld the name, or destroyed the photographs, he can complain to the Information Commissioner. The Information Commissioner is the correct organisation to consider complaints about the handling of information.
9. I acknowledge Mr X says he was distressed by the incident and says he now feels unsafe when parking; but I have not seen anything in the Council’s response to suggest we need to start an investigation. I have also not seen anything to indicate the Council owes Mr X an apology or that staff need disability awareness training.
10. Mr X disagrees with the outcome to his complaint but I have not seen any fault in the way the Council responded and its response is one that flows from the evidence. There is nothing more I would have expected the Council to do and it is unlikely an investigation would lead to a different outcome.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because Mr X can complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman