Summary: We cannot investigate this complaint that the terms and conditions of a speed awareness course breached the complainant’s statutory rights. This is because we can only investigate a council when it is carrying out at administrative function of the council. The Council does not operate the course as an administrative function but on behalf of the police.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council breached his statutory rights under the Consumer Rights Act (2015) by refusing to allow him to record a speed awareness course which he attended on-line from home.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. Section 26 of the Local Government Act 1974 says we investigate complaints of alleged maladministration in connection with the exercise of local authorities' administrative functions. Any investigation can only proceed to the extent it relates to an administrative function of the Council.
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the police. (Local Government Act 1974, sections 25 and 34A, as amended)

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How I considered this complaint

5. I read the complaint and the Council’s response. I considered information about the speed awareness course including the terms and conditions. I considered comments Mr X made in reply to a draft of this decision.

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What I found

Speed awareness course

6. The police can offer a speed awareness course to someone who has committed a traffic offence. The course is an alternative to a fine and points on the licence. The police appoint a provider to run the course on behalf of the police.

What happened

7. Mr X was referred to a speed awareness course. The Council runs the course for the police.
8. Mr X complains about the instruction that he must not record any part of the course. He says the terms and conditions said that he was required to agree not to record the course and to respect the privacy of other clients on the course. He says this is in unfair term which breaches the Consumer Rights Act (2015). He says that under the Regulation of Investigatory Powers Act it is legal for people to record conversations and collect data in their homes if it is solely for their own use.

Assessment

9. I cannot start an investigation because the Council runs the course on behalf of the police rather than in the exercise of its own administrative functions. This means I have no power to start an investigation and no power to comment on any of Mr X’s complaints.

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Final decision

10. I cannot start an investigation because the Council is not carrying out an administrative function of the Council.

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Investigator's decision on behalf of the Ombudsman