Summary: We will not investigate this complaint about the complainant’s image being posted on Instagram. This is because the Council is not responsible for the actions complained about.

The complaint

1. Mrs X complains about the Council taking her photograph and posting it to Instagram.
2. She says this has caused her a lot of embarrassment as she usually wears a niqab and burka. She says officers should have told her before posting the photograph.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

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

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My assessment

7. The Council has advised that a housing association is responsible for the actions Mrs X is complaining of.

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Final decision

8. We will not investigate Mrs X’s complaint because the Council are not responsible for the actions complained about.

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Investigator's decision on behalf of the Ombudsman