The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s private housing service and its handling of a subject access request. This is because part of the complaint is late and the Information Commissioner’s Office is better placed to consider complaints about data requests.
The complaint
Mr X complains about the Council’s actions towards him as a private landlord from 2017 to 2020. He also complains the Council has not appropriately responded to his subject access request.
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) We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint relates to Council actions between 2017 and 2020 in relation to his role as a private landlord. He complained to the Council in 2018. We cannot investigate this complaint as any complaint about the Council’s actions prior to 2022 is late. There are no good reasons why he could not have complained to us earlier and so we will not investigate now.
Mr X also complains about the Council’s handling of a subject access request. He says the Council is refusing to comply with recommendations made by the Information Commissioner’s Office (ICO). We will not investigate this complaint. The ICO was set up to investigate complaints about data issues and it has already considered Mr X’s complaint. If Mr X remains dissatisfied with the Council’s response, he can approach the ICO for further advice.
Final decision
We will not investigate Mr X’s complaint because part of his complaint is late and the Information Commisioner’s Office is better placed to consider any ongoing complaint about the Council’s handling of his subject access request.
Investigator's decision on behalf of the Ombudsman