Summary: Miss X complains the Council failed to keep CCTV images that could have helped identify a driver that she says caused an accident, in which her car was written off. As a result she has lost out on her no claims bonus and insurance is much more expensive. We found the Council was at fault. The Council agreed the recommended remedy.

The complaint

1. The complainant, whom I shall call Miss X, complains that the Council destroyed CCTV images that would have enabled her to make an insurance claim against a driver who caused an accident in which her car was written off. She says that she and her solicitor asked for the recordings, but the Council deleted her solicitor’s email. As a result, she says that she has lost her no claims bonus and her premiums have increased.

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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. 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

4. I have discussed the complaint with the complainant and considered the complaint and the copy correspondence provided by the complainant. I have made enquiries of the Council and considered the comments and documents the Council provided. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

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What I found

5. Miss X was driving her own car in the city centre and was involved in a car accident in which her car was written off. She says the other car drove very fast, collided with her car, and drove off. She was unable to record the other car’s number plate.
6. The next day Miss X emailed the Council to ask it to send her CCTV recordings from three of its cameras near to the site of the accident. She said she needed the footage for her insurance claim and for the police.
7. The Council responded the same day to say that it could only release CCTV images in accordance with its policy. If the CCTV recording contained the personal information of third parties, the Council would only accept requests from the Police, Insurance companies, or solicitors where this footage was required for legal proceedings or the prevention or detection of crime. It said it would not accept request from individuals. It explained this was in accordance with Schedule 2 Part 1(2) of the Data Protection Act 2018 and Schedule 2 Part 1(5)(3) of the Data Protection Act 2018. The Council did not give any specific timescales for the request for information.
8. The Council’s code of practice regarding CCTV recordings states that records will be retained for at least 31 days. The Council will then overwrite the recordings.
9. Miss X’s insurer emailed a request for the CCTV recordings three days after Miss X’s request to the Council. However, the Council deleted the email in error, and so the request was not registered. The Council explains that this may have been due to human error
10. One month later Miss X’s insurer sent a further request for the images, but the Council advised it no longer had the CCTV recordings, because it did not retain recordings more than one month.
11. Miss X complained regarding the Council’s handling of the matter. The Council stated that her insurer had made the request late. Miss X replied that her insurer had made the request in time. The Council then accepted that the insurer had made the request in time, but it had deleted it in error. It apologised for this. It explained that the camera operated a tour patrol when not manually operated and so may not have been pointing at the accident when it happened. Therefore, it could not say whether the CCTV would have shown what Miss X was seeking.
12. In its response to my enquiries the Council confirmed that it was responsible for only one of the CCTV cameras Miss X had identified. The other two were managed by other organisations. It also noted that while Miss X’s insurer had requested the recordings, the Police had not made a request.
13. The Council says that since Miss X’s complaint it has changed the way it manages CCTV requests so that no requests are deleted, and it has now moved to a 12 month rolling archive.

Analysis

14. I consider that the Council was at fault because it deleted the insurer’s email in error. The insurer’s request was received within time, and the Council should have responded to it. It is not possible to say why the Council deleted the email, but it has taken steps to prevent this occurring again.
15. I agree that it is not possible to say whether the recordings of the single camera the Council was responsible for would have shown the images that would have assisted in identifying the other driver, or the accident itself. However, there is uncertainty here that has caused injustice to Miss X. I consider it is also possible that Miss X’s insurer may have been able to identify and contact the owners of the two other CCTV cameras had the Council not deleted the email.
16. I note the Council correctly advised Miss X about the requirement for an appropriate person to make the request. However, I consider it should also have advised her of the timescales for requests and its deletion policy, so that the insurer would have been aware of the need to make request and chase a response within the timescales. I have made a recommendation in respect of this.

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Agreed action

17. I recommended that within one month of my decision,
• the Council pays Miss X £150 for the uncertainty caused by its fault.
• The Council reminds its officers to advise customers making an initial request that CCTV evidence is deleted after 31 days and that a formal request by the appropriate person must be made within 28 days of the event.
18. The Council has agreed to my recommendations

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Final decision

19. I have found fault by the Council which caused injustice to Mis X. The Council has agreed a suitable remedy and I have completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman