Summary: The Ombudsman will not investigate Ms B’s complaint the Council has failed to take action against people who have installed CCTV and are pointing it at Ms B’s property. Further consideration of the complaint is unlikely to find fault by the Council.

The complaint

1. The complainant, whom I shall call Ms B, complains the Council has not acted despite her reports that people who live opposite her have CCTV pointing at her house.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
4. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended)

5. 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

6. I have considered the information Ms B provided and the Council’s response to her enquiries. I sent a draft decision to Ms B and invited comments before I made my final decision.

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What I found

7. In response to Ms B’s complaints, the Council contacted the police and asked it to consider if the CCTV was being properly used. While Ms B considers the Council should and could have done more to assist her, further consideration of the complaint is unlikely to find fault by the Council.
8. The neighbours are not Council tenants and it is not the Council’s duty to monitor the use of CCTV at domestic properties. The Council has asked the police to consider Ms B’ concerns and it will be for the police to now respond.
9. Government guidance on the use of CCTV on domestic property says the General Data Protection Regulation and Data Protection Act apply if a domestic CCTV system captures images of people outside the property boundary. The guidance also explains that if a user does not comply with these regulations, they may be subject to regulatory action by the Information Commissioner’s Office (ICO). The guidance can be found here: (https://www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property/domestic-cctv-using-cctv-systems-on-your-property)
10. If Ms B considers her neighbour is using their CCTV system to capture her image, she can contact the ICO. Information on the ICO website: (https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-being-filmed/) says that if a person believes a CCTV system is being used to harass, intimidate or act in an anti-social manner, these are matters for the police. As the Council has already referred Ms B’s concerns to the police, there are no reasons for the Ombudsman to criticise the way the Council has dealt with Ms B’s complaint.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because further consideration of the complaint is unlikely to find fault by the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman