The Ombudsman's final decision
Summary: We will not investigate this complaint about an alleged breach of the Regulation of Investigatory Powers Act 2000. The complaint is late and there is no reason to investigate after more than three years. Also, the complainant has the right to appeal to the Investigatory Powers Tribunal.
The complaint
Mr X complains for Mr Y. He says the Council breached the Regulation of Investigatory Powers Act 2000 (RIPA). He says officers visited a private address and took photographs as part of a planning enforcement investigation. He also says officers did not have power of entry to the premises.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) The law says we cannot normally investigate a complaint when someone has a right of appeal, reference, or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In response to my enquiries Mr X confirmed the incident he complains about occurred some years ago, possibly during a period of lockdown during the Covid 19 pandemic.
The law says a complaint must be made to the Ombudsman within twelve months of the complainant becoming aware of the matter. Mr X confirms the visit to Mr Y’s premises and alleged breach of RIPA occurred more than 3 years ago. The complaint is therefore late, and we have seen no reason why he could not have complained to us much sooner.
In addition to the complaint being late, Mr Y can appeal to the Investigatory Powers Tribunal if he believes RIPA has been breached as this is the appropriate body to consider complaints about RIPA. The Ombudsman will not usually investigate matters where the complainant has the right to appeal to a tribunal.
Final decision
We will not investigate Mr X’s complaint because: it is late and we have seen no reason to investigate now; and he can complain to the Investigatory Powers Tribunal if he believes RIPA has been breached
Investigator's decision on behalf of the Ombudsman