London Borough of Lambeth (25 005 782)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 12 Aug 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s use of advertising affecting Miss X. This is because there is not enough evidence of fault by the Council and an Ombudsman investigation would not lead to a different outcome.
The complaint
- Miss X complained the Council used a photographic image without her consent.
- Miss X said that this caused her concern about the possible impact on her and that it may amount to a data breach.
The Ombudsman’s role and powers
- 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
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained that the Council had used a photographic image without her consent and then used this image on a Council advertisement.
- The Council provided a complaint response to Miss X stating that the image was taken in a public place and there was nothing to prevent it using it. It also said that the image was not used for commercial purposes.
- In response however, the Council removed the image after she asked it to and apologised for any distress it caused.
- We will not investigate because it is unlikely we would find fault in the Council’s actions and given the Council has responded to Miss X’s request, there is nothing further we could achieve.
Final decision
- We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council and further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman