Summary: We will not investigate Mrs X’s complaint about an alleged breach of data protection and failure to take enforcement action against her neighbour for parking outside her property. It is reasonable for her to complain to the Information Commissioner. Also, we cannot require the Council to pay her the significant sum of money which she is seeking as compensation.

The complaint

1. The complainant, I shall call Mrs X, complains the Council told her neighbour that she had reported him for breaching planning regulations. She also complains the Council refuses to take enforcement action against her neighbour for obstructing access to her home by parked vehicles.
2. Mrs X wants the Council to pay her £100,000 so she may take her own legal action against her neighbour.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
5. 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)

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How I considered this complaint

6. I considered information provided by Mrs X, including the Council’s responses to her complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In 2020, Mrs X complained to the Council that it had told her neighbour that she had reported him for breaching planning regulations. As this is more than 12 months ago, this complaint is late. However, the Council confirms it closed the original complaint without telling Mrs X. Therefore, I am prepared to exercise discretion on this point.
9. The Council has now considered Mrs X’s complaint. It says the planning officer involved in the case when Mrs X reported the breach of planning regulations has now left the Council so cannot be questioned. However, the records show the officer attended the relevant data protection training and there is no evidence to support Mrs X’s allegation. It has also pointed out that it is often easy to work out who reported a breach of planning control, when, as in this case, there is only one objector to a retrospective planning application.
10. Mrs X may complain to the Information Commissioner that the Council has breached her data protection rights. The Information Commissioner is in the best position to decide whether the Council has complied with data protection legislation. Also, she may appeal a decision notice made by the Information Commissioner to the tribunal for information rights.
11. I find it is reasonable for Mrs B to use this process. It is the role of the tribunal to decide such complaints and it is not the role of the Ombudsman to provide an alternative right of appeal. So, we will not investigate this part of her complaint.
12. The Council also acknowledged Mrs X’s concerns about her neighbour obstructing access to her home. But it has confirmed there are no parking restrictions in Mrs X’s road, so there is no enforcement action to take.
13. Mrs X is seeking £100,000 compensation from the Council so she may take her own legal action against her neighbour.
14. Mrs X is, in effect, asking us to determine the Council has been negligent in its actions towards her and is seeking a significant sum in compensation or damages.
15. Only a court can decide if an organisation has been negligent and whether it should pay damages. We cannot recommend actions or payments that ‘punish’ the organisation.
16. We have no powers to enforce an award of damages. So, we usually expect someone in Mrs X’s position to seek a remedy in the courts.

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Final decision

17. We will not investigate Mrs X’s complaint because it is reasonable to expect Mrs X to report her concerns about a breach of data protection to the Information Commissioner’s Officer. It is also reasonable for Mrs X to seek compensation via the court and the Ombudsman cannot required to pay her the significant amount she is seeking.

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Investigator's decision on behalf of the Ombudsman