Royal Borough of Windsor and Maidenhead Council (25 020 369)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 10 May 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint about the actions of a Council contractor’s worker outside of his work role. This is because the matter complained about is not an administrative function of the Council.
The complaint
- Mrs X complains the Council has not properly responded to her complaint that one of its contractor’s workers attended the front of her property and took photos of her house. Mrs X says her questions have not been answered; her fears have not been allayed and it has not apologised or guaranteed the worker does not pose a threat to her and her family.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council that one of its contractors attended the front of her property and took photographs. Mrs X asked the Council to explain why the contractor did this; what he was taking photos of and how they were used. She also asked it to apologise and guarantee this would not happen again.
- The contractor investigated. It told Mrs X the worker took this action in his own right and not in his role as Council contractor. It was not an action authorised or allowed by the contractor. It apologised to Mrs X and said it should not recur.
- We cannot investigate Mrs X’s complaint. This is because it relates to the actions of a Council contractor outside of his work. The complaint is not about actions taken by, or on behalf of, the Council and it is not about an administrative function of the Council. The law does not allow us to investigate it. We have no discretion to do so.
Final decision
- We cannot investigate Mrs X’s complaint because it is not about an administrative function of the Council.
Investigator's decision on behalf of the Ombudsman