21 November 2018

Complaint reference:
18 011 180

Complaint against:
North East Lincolnshire Council

The Ombudsman’s draft decision

Summary: Mr X complains that a bailiff instructed by the Council
breached his privacy in the way a notice was delivered to him. The
Ombudsman will not investigate this complaint because this is a
matter for the Information Commissioner.

The complaint
1. Mr X complains that a bailiff instructed by the Council breached his privacy in the
way a notice was delivered to him.

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’. We provide a free service, but must use
public money carefully. We may decide not to start or continue with an
investigation if we believe:
• there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6), as amended)

How I considered this complaint

3. I have considered the complainant's comments and the Council's comments and
Mr X has had an opportunity to comment on the draft decision.

What I found
4. Mr X says that, when a bailiff arrived at his flat to deliver an enforcement letter, he
left it in a communal area. Mr X says that the envelope made it clear that it related
to an unpaid summons. He says that this has caused him embarrassment.
5. The bailiff says that the visit was recorded on a bodycam and video footage
shows that the envelope was delivered through a gap in the door frame of the
main door.
6. The Information Commissioner can consider complaints of a breach of privacy. I
consider that this is the more appropriate body to investigate this complaint.

1
Draft decision
Subject to any further comments from the complainant, I do not intend to
investigate this complaint. This is because this is more appropriately a matter for
the Information Commissioner.
Investigator’s draft decision on behalf of the Ombudsman

Draft decision for your comments 2