The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council featuring Mr X’s property in the background of an information video. It is reasonable for Mr X to seek a remedy in the courts if he believes the video is misleading and has caused him any detriment.
The complaint
Mr X complained about the Council featuring his property in the background of a video used to inform the public of its bid for government development funding. He says the Council did not seek his consent before filming and the video is misleading as it suggests his property is part of the redevelopment.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council featured some historic property which he owns as a backdrop in part of an information video about its bid to secure government funding for area redevelopment. He says it failed to seek his consent for using his property as a backdrop and that the video was misleading as it suggested his land was part of the redevelopment.
The Council says the site was one of several well-known landmarks in the area where development aid is being sought. It did not imply his property was involved and does not believe it needed any consent. The Council says it has taken legal advice on the matter and that there is no reason to remove the video or seek Mr X’s consent.
Mr X is claiming that the Council has produced misleading information about his property. If he feels that it has breached advertising standards, he could submit a complaint to the Advertising Standards Authority. If he believes that it has breached his legal rights then he should seek a remedy in the courts which is the body best placed to consider such claims.
Final decision
We will not investigate this complaint about the Council featuring Mr X’s property in the background of an information video. It is reasonable for Mr X to seek a remedy in the courts if he believes the video is misleading and has caused him any detriment.
Investigator's decision on behalf of the Ombudsman