Summary: We will not investigate this complaint about Mr X’s Blue Badge complaint being mishandled and his badge being lost in the post in 2023. Mr X’s complaint is late, and there is no good reason to consider it now. The Information Commissioner’s Office (ICO) is better placed to deal with Mr X’s concerns about an alleged data breach.

The complaint

1. Mr X complains that the Council mishandled his 2023 Blue Badge complaint. His badge did not arrive, and when he contacted the Council, he received conflicting and unclear information. The Council did not clearly explain what happened to his badge or whether his personal data was affected. More recently, an Officer wrongly said he could not make a complaint by phone, which caused him further stress and uncertainty.

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The Ombudsman’s role and powers

2. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains about events in 2023. He was aware of the issue at the time and could have complained sooner.
7. We will not investigate this complaint because the events happened more than 12 months ago. Mr X has not given a good reason for the delay in coming to us.
8. Even if the complaint was made on time, the Council has already identified the errors, explained what happened, and apologised. The missed re‑issue of the Blue Badge was corrected in 2023. The Council also accepted it gave incorrect advice about making a complaint and addressed this through its complaints process.
9. The Council says it found no fault in the processing or issuing of the Blue Badge and no evidence that personal data was mishandled. Any concern about a possible data breach would a matter best suited for the Information Commissioner’s Office (ICO).

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Final decision

10. We will not investigate because the complaint is late and there is no good reason to consider it now. The ICO are better placed to consider his complaint about possible data breaches.

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Investigator's decision on behalf of the Ombudsman