Summary: We will not investigate Mr X’s complaint about the Council’s handling of data at a public meeting because there is insufficient evidence of fault and we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X complains the Council did not warn it would take photos at a public meeting and has since refused to remove those published online. He wants the Council to remove online the photographs and to tell people not to take photographs during meetings.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• we cannot achieve the outcome someone wants.

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

Add Pv19

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How I considered this complaint

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

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My Assessment

5. Mr X complained a third party took a photograph of him and others attending a public meeting held by the Council. He said the third party published it on social media without permission.
6. The Council considered Mr X’s suggestions of how to prevent people taking photographs at future meetings, including warning them not to. It gave clear reasons why it would not take action. There is not enough evidence of fault in the way the Council considered Mr X’s request to warrant investigation. And we cannot question the Council’s decisions where we find no fault in its decision making process.
7. The Council was not responsible for publishing the photo and so is not responsible for any injustice suffered by Mr X due to publication. Further, the Council has no power to instruct the third party to take down the photographs. I am therefore unable to achieve the outcome Mr X seeks and further investigation would not change this.

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Final decision

8. We will not investigate Mr X’s complaint because there is not enough evidence of fault and we are unable to achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman