Summary: Mr B complains about the Council’s handling of matters relating to data protection and its response to issues involving his neighbours. The Ombudsman will not investigate the complaint because we have previously considered the former issue and events concerning the second issue happened too long ago to be investigated now.

The complaint

1. The complainant, who I refer to as Mr B, complains about the Council’s handling of data protection issues and about its response to issues involving his neighbours with whom he has a poor relationship.

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The Ombudsman’s role and powers

2. 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)
3. 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)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Mr B and the Council. I gave Mr B the opportunity to comment on my draft decision and considered what he said.

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What I found

5. Mr B complained to the Council about its handling of data protection issues. This same matter was the subject of an earlier complaint to the Ombudsman when we advised we would not investigate it and told Mr B of his right to refer the matter to the Information Commissioner.
6. Mr B also complained about matters concerning the behaviour of his neighbours with whom he does not have a good relationship. The Council says Mr B has been making the same complaint about them since 2016 and in subsequent years and that he and the neighbours have been offered mediation but declined it. The Council has confirmed it will consider any new issues involving his neighbours that Mr B brings to its attention.

Assessment

7. The matter concerning Mr B’s claim of a data breach by the Council has already been considered by the Ombudsman and will not be reconsidered.
8. The restriction highlighted at paragraph 3 applies to the part of Mr B’s complaint which concerns the past behaviour of his neighbours. There are no grounds which warrant exercising discretion to investigate them now and any new issues can be reported to the Council.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because we have previously considered the data protection issue and past events concerning his neighbours happened too long ago to be investigated now.

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Investigator's decision on behalf of the Ombudsman