The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council used its on-street video cameras. The complainant has the right to raise his concerns with The Investigatory Powers Tribunal and it is reasonable to expect him to use this right because it was set up by parliament for this purpose.
The complaint
X complained the Council used its on-street video cameras unlawfully and without the proper authority.
X said the matter caused him significant distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
X said the Council used its on-street video cameras in a way that was targeted and did not have the relevant authority to do so under the Regulation of Investigatory Powers Act (RIPA) 2000.
X said he wanted a finding of maladministration against the Council to be made, and for it to provide apologies.
The Investigatory Powers Tribunal is an independent court, established under Section 65 of RIPA. It considers allegations of unlawful intrusion by public bodies, this includes Councils.
As the Tribunal was set up by parliament specifically for this reason, and has the legal expertise in this area, it is reasonable to expect X to raise his concerns with them. The Tribunal also has a range of possible remedies at its disposal, such as powers to make remedial orders and awards of compensation. These are not powers the Ombudsman has.
For these reasons, we will not investigate this complaint.
Final decision
We will not investigate X’s complaint because he has the right to raise his concerns with The Investigatory Powers Tribunal and it is reasonable to expect him to use this right.
Investigator's decision on behalf of the Ombudsman