Summary: We will not investigate this complaint about the Council’s request for the complainant to remove a camera from outside her front door. This is because the complainant has reached an agreement with the Council about an alternative location for a camera and the Council is still dealing with her noise complaint.

The complaint

1. The complainant, whom I refer to as Ms X, complained the Council has asked her to remove a camera from outside her front door. Ms X also says she is disturbed by noise from the neighbouring flat.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the Council has provided a fair response. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I found out that Ms X has recently reached an agreement with the Council regarding the camera. I considered comments Ms X made in reply to a draft of this decision.

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What I found

What happened

4. Ms X put a camera outside her front door after she was burgled. The neighbour complained about the camera and said it was intimidating and an invasion of privacy. The Council asked Ms X to remove the camera. The Council said she could put a camera inside her flat. The Council issued a warning after Ms X declined to move the camera. Ms X says she needs it for security.
5. The owner of the building has offered to put a camera outside the communal front door. Ms X says she will remove her camera once the new camera has been fitted. But, Ms X says the new camera will not provide as much protection as the one outside her own front door.
6. Ms X has also complained about noise from her neighbours. The Council is still considering this issue and has asked Ms X to record the noise. Ms X says she has not been asked to record the noise.

Assessment

7. I will not start an investigation because the Council has reached an agreement with Ms X about having a camera at a different location. And, while Ms X says the new camera will offer less protection, she could install a camera inside her flat where it would not impact on her neighbour’s privacy.
8. I will not investigate the noise complaint because the Council is still working on the issue. We do not investigate complaints until a council has finished considering an issue and has completed the complaints process. Ms X could complain to the Council if she is dissatisfied with the way it has responded to her reports of noise.

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Final decision

9. I will not start an investigation because the Council has reached an agreement with Ms X about the camera and because it is still dealing with the reports of noise. In addition, Ms X could make a complaint to the Council about its handling of the noise reports.

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Investigator's decision on behalf of the Ombudsman