Summary: Mrs X complained to the Council about her neighbour’s extension blocking an access way to her property. Mrs X said when closing the investigation, the Council wrongly sent a letter intended for her to the wrong recipient. We find the Council was at fault for sending the letter to the wrong recipient, this caused Mrs X distress. The Council has agreed to our recommendation to remedy the injustice caused.

The complaint

1. Mrs X raised concerns with the Council about her neighbour’s extension blocking an access way to her property. She complains that, when closing the investigation, the Council wrongly sent a letter which should have been addressed to her to the neighbour under investigation. She says this caused her distress and resulted in the neighbour acting in a hostile manner towards her.

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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.’ If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I have considered all the information supplied by Mrs X and have spoken to her about her complaint. I have also considered all the information supplied by the Council.
6. Mrs X and the Council have commented on my draft decision. I have considered the comments received before making this final decision.

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What I found

7. Mrs X contacted the Council raising concerns that a neighbour had built a two-storey extension on a shared access passageway that belonged to herself and another property.
8. The Council investigated Mrs X’s concerns. When it closed its investigation it sent the closure letter meant for Mrs X to the address under investigation.
9. Mrs X complained to the Council. She said:

• The Council had identified her as the person who had raised issues with the extension.
• She believed the investigation was confidential and asked the Council to explain why it had not informed her it had sent details of the investigation to the person complained about.
• She was now experiencing hostility and anti-social behaviour from the person complained about.

10. The Council responded to Mrs X in June 2022. Its Stage One response accepted it had wrongly sent Mrs X’s closure letter to the address being investigated. However, it noted the letter did not contain any personal details and was addressed to the owner/occupier, while the letter did not identify that Mrs X had made the complaint, it did allude to where the complaint had come from.
11. Mrs X remained dissatisfied and asked the Council to look at her complaint at Stage Two.
12. The Council re-looked at Mrs X’s complaint and replied in July 2022. It said:

• It wholeheartedly apologised for sending the closure letter to the wrong address.

• It recognised its actions had caused Mrs X stress and concern.
• It had now put steps in place to stop similar issues in the future by amending its practice of describing the allegations so not to identify the origin.

Analysis

13. The Council has accepted it was at fault when it sent the closure letter intended for Mrs X to the wrong address. It has apologised to her for any stress or concern it has caused. The Council also said it has put steps in place to avoid a similar situation happening again. This is what I would have recommended. However, I do not believe this goes far enough. I consider the Council should also make a symbolic payment to Mrs X in recognition of the distress caused and will make a recommendation below.

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Agreed action

14. By 23 June 2023 the Council will:

• Pay Mrs X £200 in recognition of the distress caused by sending its closure letter to the wrong address.

15. The Council should provide us with evidence it has complied with the above actions.

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Final decision

16. I have completed my investigation. The Council was at fault for sending a letter intended for Mrs X to the wrong address. This caused Mrs X distress. The Council has agreed to my recommendations to remedy the injustice caused.

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Investigator's decision on behalf of the Ombudsman