Summary: We will not investigate this complaint about how the Council handled an enforcement investigation. Part of Mr X’s complaint is better placed with the Information Commissioner’s Office and there is no worthwhile outcome achievable by us investigating the rest of it.

The complaint

1. Mr X complained the Council accessed his records when carrying out an enforcement investigation into an allegation of ‘fly tipping’. Mr X also said he received a telephone call from the Council about the matter, but he was not told who was making the call.
2. Mr X said the matters caused him stress and uncertainty.

Back to top

The Ombudsman’s role and powers

3. 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 or continue an investigation if we decide:

• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complained the Council accessed his personal records during an investigation. Mr X said this could be a breach of GDPR.
8. As outlined in paragraph four, we would expect someone to refer to the Information Commissioner’s Office (ICO) if they have concerns about data protection and data rights. The ICO was set up by parliament to consider those types of concerns. Therefore, we will not investigate this part of Mr X’s complaint.
9. Mr X also complained the Council contacted him about the matter using a mobile telephone and did not tell him who was calling. Mr X said this was not professional and he had concerns about how this impacted the investigation.
10. The Council told Mr X the call was made from a Council issued mobile telephone and it is usual practice for Council officers to make those types of calls, when carrying out such investigations.
11. The Council also said its officer should have introduced themselves and the purpose of the call at the beginning of the call. The Council apologised to Mr X that this did not happen.
12. I consider the Council’s explanations and apology to be appropriate. There is no worthwhile outcome achievable by us investigating this complaint.

Back to top

Final decision

13. We will not investigate Mr X’s complaint because part of it is better placed with the Information Commissioner’s Office and there is no worthwhile outcome achievable by us investigating the remaining part.

Back to top

Investigator's decision on behalf of the Ombudsman