Summary: We will not investigate this complaint about the actions of Council contractors working on a site close to Mr X’s home. This is because other bodies are better placed to consider some of the issues raised and investigation into others would not lead to a different outcome.

The complaint

1. Mr X complains about the actions of Council contractors working on a site near to his home. Mr X says the the contractors have damaged his property, breached GDPR and provided him with inaccurate information about a crime that took place on the site.

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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:

• further investigation would not 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, section 34(B))

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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)

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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. I will not investigate Mr X’s complaint about damage to his vehicle and a data breach because other bodies are better placed to do so. Mr X’s claim that his car has been damaged is a matter best dealt with by insurers and then the Courts. The Information Commissioner’s Office (ICO) are better placed to consider his complaint about a data breach.
8. The Council did identify that its contractor gave inaccurate information to him about an alleged crime that took place on the site. However, the Council has now clarified that a crime did take place and was reported to the police. In regard to vehicle access to the site the Council has said a banksman is now in place to escort vehicles. Further investigation into these points would not lead to a different outcome so I will not investigate them further.

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Final decision

9. We will not investigate Mr X’s complaint because other bodies are better placed to deal with most issues and further investigation into others would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman