Summary: We will not investigate this complaint about the Council asking a neighbour to photograph the complainant and her home. It is unlikely that further investigation will lead to a different outcome. And it is reasonable to expect the complainant to raise their concerns with the Information Commissioner.

The complaint

1. Mrs X complains the Council breached her family’s privacy by asking a neighbour to take photographs of her home in connection with a breach of planning control.
2. Mrs X wants the Council to assure her that no one sent an email to her neighbour asking them to take photographs or video of her home.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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)

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has investigated a breach of planning control at Mrs X’s home.
8. Mrs X says her neighbour keeps taking photos and videos of her home. She reported this to the police who have told her the Council has asked the neighbour to do this.
9. In response to Mrs X’s enquiries the Council confirmed that no one from its planning enforcement team has asked the neighbour to provide any images of her family or her home. It also said if it needed information about a planning application or enforcement case it would contact her direct.
10. Mrs X provided us with an email from the police which says the neighbour showed them an email from the Council asking for a photo of the reported breach of planning control on Mrs X’s property.
11. We consider that further investigation of this matter would not lead to different outcome as the Council has confirmed its planning enforcement team have not asked for photos or videos.
12. If Mrs X believes the Council has breached her data protection rights, it is reasonable to expect her to complain to the Information Commissioner’s Office. This is the body set up to deal with information rights, including data protection.

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Final decision

13. We will not investigate Mrs X’s complaint because:
• We do not consider further investigation will lead to a different outcome; and
• It is reasonable to expect Mrs X to complain to the ICO it she believes the Council asked her neighbour to take photographs of her home and family.

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Investigator's decision on behalf of the Ombudsman