The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s contact with children’s services. The complaint is late, and there are no good reasons why we should consider it. Additionally, the Information Commissioner’s Office is better placed to consider his complaint about a Subject Access Request.
The complaint
Mr X complained that Council officers made inaccurate statements about him, that led to other Council officers incorrectly labelling him as a domestic abuser.
Mr X said that the Council has incorrectly processed his Subject Access Request (Data Protection Act 2018), and withheld documents from him.
Mr X also said that the Council’s actions has caused him to feel depressed, and enabled his former partner to prevent his children having contact with him.
Mr X wants the Council officers concerned to face disciplinary procedures, including dismissal, and for his Subject Access Request to be properly processed.
The Ombudsman’s role and powers
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 normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The events that gave cause to Mr X’s complaint took place in 2023. This is longer than 12 months ago. I have not seen any good reasons that would persuade me to exercise discretion to investigate this complaint now.
The Information Commissioner’s Office is better placed to consider Mr X’s complaint about how the Council has processed his Subject Access Request. It is my understanding that Mr X has already approached them about this issue.
Final decision
We will not investigate Mr X’s complaint because it is late, there are no good reasons to consider it now, and the Information Commissioner’s Office is better placed to consider his complaint about a Subject Access Request.
Investigator's decision on behalf of the Ombudsman