Summary: We will not investigate Mr X’s complaint about the Council issuing him a Community Protection Warning because there is not enough evidence of fault. We will not investigate Mr X’s complaint about how the Council responded to his request for access to his information as these matters are best considered by the Information Commissioner’s Office.

The complaint

1. Mr X complains about how the Council issued him a Community Protection Warning. He also complains about the Council’s delay in responding to his Subject Access Request.

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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 or continue 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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council issued Mr X a Community Protection Warning for parking on council land, and other anti-social behaviour. Mr X says he did park on the land but denies the other behaviour. He complained to the Council and made a Subject Access Request.
7. The Council considered Mr X’s complaint and his request for information. It provided photos of his car parked on the land on several occasions and said it had left yellow warnings on his car on two occasions. The Community Protection Warning sets out the actions the Council expects Mr X to take, and the consequences if he does not.
8. I will not investigate this complaint. From the information provided, the Council has acted in line with statutory guidance. There is no right of appeal against a Community Protection Warning, and the Council has considered his complaint through its complaints process.
9. Mr X requested information from the Council. It responded to Mr X’s request, but M X is dissatisfied with the information it provided. Complaints about information requests are best considered by the Information Commissioner.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault.

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Investigator's decision on behalf of the Ombudsman