Summary: We will not investigate this complaint about how the Council considered Mr X’s blue badge application. The complaint is late and there are no good reasons for us to exercise discretion to consider it now. We will not investigate Mr X’s further complaint about how the Council handled his data and his requests for data because the Information Commissioner’s Office is better placed to consider it.

The complaint

1. Mr X complains about how the Council considered his blue badge application in 2022.
2. Mr X also complains about various data issues, including how the Council handled his personal data and how it responded to his Subject Access Request (SAR) and Freedom of Information (FOI) request.

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The Ombudsman’s role and powers

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)
4. 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), section 34(B))
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X complained about how the Council considered his blue badge application in 2022.
9. Mr X complained to the Ombudsman in August 2026.
10. As outlined in paragraph three, we cannot investigate late complaints without good reasons to do so. A late complaint is where a person has known about a matter for more than 12 months.
11. I have seen no good reasons why Mr X could not have complained to us about this matter sooner and so we will not exercise discretion to consider this complaint now. We will not investigate.
12. Mr X complained about various data issues. He complained the Council did not handle his data properly and about how it handled is SAR and FOI request. Mr X said he has already raised these concerns with the Information Commissioner’s Office (ICO).
13. The ICO was set up by parliament to enforce data protection legislation. It can consider complaints about data protection, including those about how an organisation responded to SAR and FOI requests.
14. This part of Mr X’s complaint is better placed with the ICO and, for this reason, we will not investigate.

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Final decision

15. We will not investigate Mr X’s complaint because part of it is late and the Information Commissioner’s Office is better placed to consider the other part.

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Investigator's decision on behalf of the Ombudsman