The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to install CCTV near the complainant’s home. This is because the complainant can complain to the Information Commissioner.
The complaint
The complainant, whom I refer to as Mr X, complains the Council has installed CCTV which overlooks his garden. He wants the Council to remove the camera.
The Ombudsman’s role and powers
The Ombudsman investigates 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 an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We normally expect someone to refer the matter to the Information Commissioner (ICO) 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)
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The Council installed CCTV which overlooks Mr X’s garden. Prior to installation the Council carried out a consultation with residents and explained why it wanted to install CCTV. Of the 23 households who responded, two households, including Mr X, objected. Mr X raised privacy concerns. In response to his concerns the Council changed the position of the camera and installed a privacy shield which blacks out images of his garden. The Council explained the measures which control who can see the images from the CCTV. The Council denied Mr X’s request to visit the control room because, while a councillor did offer a visit, that would mean Mr X could potentially view images of other people which would be a data breach; the Council explained there is no viewing gallery. The Council sent Mr X images to demonstrate his garden has been blacked out; Mr X alleges the images have been altered and the live feed is not obscured.
I will not investigate this complaint because Mr X can complain to the ICO. It is reasonable to expect Mr X to contact the ICO because it is the appropriate body to consider complaints about the use of CCTV by public bodies and whether appropriate measures have been taken to protect privacy and whether the use is proportionate. The ICO can also consider whether the Council is correct to refuse Mr X entry to the control room.
Mr X says he complained to the ICO and it said it cannot help. However, the complaints he has made to the ICO are about Freedom of Information requests. I have not seen any evidence Mr X has complained to the ICO about the installation of CCTV and his concerns about the impact on his privacy.
Final decision
We will not investigate this complaint because Mr X can complain to the ICO.
Investigator's decision on behalf of the Ombudsman