Summary: We will not investigate this complaint about the Council’s handling of matters relating to the supply of water distributed from Ms X’s property. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Ms X complains the Council has harassed her, given out her private information to a third party and ignored her requests for information about water samples it has taken in relation to the supply of water distributed from her property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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))

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How I considered this complaint

4. I considered information provided by the complainant and the Council, including its response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. As the Council had reason to believe that the Private Water Supplies Regulations 2006 may apply to the distribution of water for domestic use from Ms X’s property, it contacted her to undertake a risk assessment. It arranged a date to come to Ms X’s property but as she was not in, the visit did not progress.
7. Ms X complained to the Council about the visit, that the Council had given a third party information about her and that it was harassing her about the water supply when she had already told it that the supply was for agricultural use only.
8. The Council responded to Ms X’s complaint to confirm the details of its officer’s attendance at her property and that it had not given a third party her personal details. As it had not been able to obtain the information required on the issue of the water supply, it served Ms X with a Notice to Obtain Information under section 85 of the Water Industry Act 1991.
9. While Ms X may not be satisfied with the outcome of her complaint to the Council, there is no evidence to suggest fault in its handling of matters. It is required by law to assess the water supply and while Ms X may believe that it is for agricultural use only, this is a decision for the Council and not Ms X to make. That she has obligations under a private covenant concerning the water supply is a separate matter to that being dealt with by the Council.
10. If Ms X believes there has been a data breach of her personal information, it is open to her to contact the Information Commissioner’s Office, the body best placed to deal with such matters.

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Final decision

11. We will not investigate Ms X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman