Summary: Ms X complains about surveillance carried out by the Council and the threat of a Section 215 notice due to the condition of her property. The Ombudsman does not propose to investigate Ms X’s complaint. This is because the Information Commissioner’s Office is better placed than the Ombudsman to consider her complaint.

The complaint

1. Ms X complains about surveillance carried out by the Council, which led to it warning her it was considering issuing a Section 215 notice due to the condition of her property.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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

4. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

5. Under the Town and Country Planning Act, councils can serve a Section 215 notice on the owner of a site or property if they consider it to be detrimental to amenity. A Section 215 notice requires the owner of a property to carry out improvement works to the building and / or land. There is a limited time period to either comply with or appeal the notice. Appeals are dealt with by the Magistrates’ Court. Failure to comply with the notice can result in the Council taking direct action, where they carry out the works themselves, and pass the costs of the work on to the owner of the site or property.
6. Ms X complains about surveillance carried out by the Council, which led to it warning her it was considering issuing a Section 215 notice due to the condition of her property. Ms X complained to the Council and described the work she was carrying out to her property. The Council responded and explained its actions. It said that “gathering photographic evidence is not within the legal definition of surveillance.” The Council said that Ms X’s property had been inspected again and it would not be taking any further action.
7. At the heart of Ms X’s complaint is the surveillance carried out by the Council and whether it has acted appropriately. Ms X feels the Council has committed various offences by monitoring her property. Data protection is central to Ms X’s complaint.
8. The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes wrongly gathering and holding information.
9. There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Miss X should therefore approach the ICO about her concerns.

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Final decision

10. The Ombudsman will not investigate Ms X’s complaint. This is because the Information Commissioner’s Office is the appropriate body to consider her concerns.

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Investigator's decision on behalf of the Ombudsman