Summary: We will not investigate Mr X’s complaint about a canvasser entering his home and saying he could be fined £1,000. This is because any injustice is not significant enough to warrant an investigation by the Ombudsman.

The complaint

1. Mr X complains a canvasser came into his home after he refused entry and told him he could be fined £1,000 if his details are incorrect on the electoral role. Mr X says he felt intimidated. He wants an apology and compensation. Mr X also complains about a data breach in 2021.

Back to top

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 any injustice is not significant enough to justify our involvement (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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 says an elderly man wearing a Council lanyard entered his home through an open door. Mr X says the man asked to come inside and when Mr X said no the man ignored him and told him he could be fined £1,000. Mr X says he felt intimidated.
8. The Council said it had spoken to the canvasser and apologised to Mr X. It said it has a legal duty to employ canvassers to knock on doors. It said canvassers have a duty to remind people that failure to register changes on the electoral role can result in a fine.
9. Our role is to consider complaints where the person bringing the complaint has suffered significant personal injustice as a direct result of the actions or inactions of the organisation. This means we will normally only investigate a complaint where the complainant has suffered serious loss, harm, or distress as a direct result of faults or failures. We will not normally investigate a complaint where the alleged loss or injustice is not a serious or significant matter. I consider any injustice is not significant enough to justify an investigation by the Ombudsman.
10. Mr X complains about a data breach in 2021. We cannot investigate late complaints without good reason, and we would usually expect someone to refer data protection issues to the Information Commissioner.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because any injustice is not significant enough to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman