Summary: We will not investigate this complaint about the Council’s Massage and Special Licence enforcement. We are unlikely to find fault in the Council’s actions. Also, it is reasonable to expect Mrs X to complain to the Information Commissioner’s Officer with concerns about General Data Protection Regulations.

The complaint

1. Mrs X complains the Council is failing to enforce its Massage and Special Treatment Licensing. She says:
• Not all therapists or businesses are pursued to get a special licence. However she is targeted and unfairly treated because she has been honest.
• Council officers are requiring her to breach the General Data Protection Regulations (GDPR) by insisting they read her confidential client records: and
• The Council ignored correspondence from her professional association.
2. She wants the Council to negotiate with her professional association and be transparent and enforce against all breaches of the Massage and Special Licence.

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 not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The Nottinghamshire County Council Act 1985 requires those who offer massage or special treatments to the public to hold a licence from the Council. This requirement is regardless of whether the therapist/business holds professional qualifications or membership of a professional association.
7. Mrs X says the Council does not pursue all those working without a licence and that it has unfairly targeted her.
8. The Council confirms it investigates all allegations about unlicensed settings and acts where required. However, it does not survey social media as this would need permission under the Regulation Of investigatory Powers Act. It also confirms:
• Licensing requirements are based on regulatory standards and compliance.
• Fees cover administration, site visits, liaison with other parties, such local democracy costs, recharges for on costs, setting and reviewing fees and enforcement. The fees charged by the Council are in line with charges made by neighbouring authorities.
• Exemptions to the licence requirement are detailed within the Nottinghamshire County Council Act.
• It had not received correspondence from Mrs X’s professional association as it was using the wrong email address.
9. I understand Mrs X says the Council selectively targets her to ensure she holds a licence. However, we have not seen any evidence to support this claim.
10. The Council has adopted a licensing policy according to the act of parliament which gives it specific powers. We consider we are unlikely to find fault in the Council’s actions on its requirements for Massage and Special Treatment Licensing.
11. Mrs X also complains the Council is breaching the GDPR. We will not investigate this part of her complaint. It is reasonable to expect Mrs X to complain to the Information Commissioner’s Office about this matter.

Back to top

Final decision

12. We will not investigate Mrs X’s complaint because:
• We are unlikely to find fault in the Council’s requirements and enforcement for Massage and Special Licences.
• The Information Commissioner’s Officer is better placed to consider complaints about GDPR.

Back to top

Investigator's decision on behalf of the Ombudsman