Summary: We will not investigate this complaint about the Council’s actions relating to alleged encroachment onto its land and breaches of data protection regulations. We cannot achieve the outcome Mr X is seeking. And Mr X has already complained to the Information Commissioner’s Office about the alleged data protection breach.

The complaint

1. Mr X complains the Council allowed itself to be misused by neighbours into issuing an enforcement notice and breaching data protection regulations.
2. He wants compensation for financial loss and stress.

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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:

• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

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

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)

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How I considered this complaint

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

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My assessment

7. In 2024 the Council wrote to residents including Mr X advising of unauthorised encroachment onto Council owned land. The Council says Mr X responded stating that if he did not own the land in question he would clear the space.
8. The Council heard nothing further. Just under a year later, the Council wrote to residents including Mr X again. It demanded removal of unauthorised structures from its land within wo weeks. In response to an enquiry from Mr X, the Council told him that if he is not encroaching on Council land, he could disregard the letter.
9. Mr X wrote to the Council disputing ownership of the land. The Council confirmed it had visited the site and considered Mr X had erected a fence enclosing part of its land and built a shed on it. It advised if the items were not removed by the deadline it may start legal action. Mr X advised the Council he had started clearing the area and the Council agreed to extend the deadline for completing the work.
10. Mr X complained to the Council that it had not acted on reports of breaches of planning control elsewhere. He also stated he owned the land in question and had also contacted the Information Commissioner’s Office (ICO) about an alleged breach of data protection.
11. Mr X was aware of the Council’s view that it owned the land in 2024. He says an officer agreed to check and get back to him but he did not hear anything until he received a letter telling him the land must be cleared or possible legal action would start.
12. We cannot establish land ownership. If Mr X believes he owns the land he could have sought his own legal advice or waited until the Council started legal proceedings. He chose to clear the land instead.

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Final decision

13. We will not investigate Mr X’s complaint because we cannot decide who owns the land. Therefore we cannot achieve the outcome Mr X is seeking. Also, Mr X has already complained to the ICO which is the appropriate body to deal with reports of breaches of data protection.

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Investigator's decision on behalf of the Ombudsman