was purchased in 2005 as an investment property. It was outside the school
catchment area. It consisted of 2 flats. The Complainants occupied Property 2
sporadically between 2005 and 2008. The Complainants lived in Property 2
for 6 months between October 2006 and April 2007, while Property 1 was
rented out to fund the cost of future refurbishment of Property 2.
In
September 2007 the Complainants moved back into Property 1 after Property
2 was burgled. While living in Property 1 Ms Paton visited Property 2 every
day, as she ran a small mail order business from there. She needed to deal with
builders and tradesmen while it was being refurbished.
38.
In October 2007 Ms Paton and C2 put Property 1 on the market. Offers to
buy were received, but, for various reasons, did not result in a sale. The
Complainants finally moved from Property 1 to Property 2 in 2008 after the
place for C5 was secured and before the September start date at the school.
Property 1 was let.
39.
When asked by the Council at the end of January 2008 to verify the home
address given by her Ms Paton supplied the Council with her driving licence
and a vehicle insurance certificate.
40.
There was no evidence that, prior to the authorisation, the Council sought to
interview Ms Paton or C2, or to visit either of the Properties, or to make any
other inquiries in the locality of the Properties in order to discover where the
Complainants ordinarily resided at the relevant date. The Council did not
invite Ms Paton and C2 to an interview until it sent a letter addressed to
Property 1 dated 6 March 2008. That was after the surveillance operation was
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