Summary: We will not investigate this complaint about how the Council dealt with Mr X’s children because it is a late complaint. We will also not investigate Mr X’s complaint about how the Council has recorded information about his convictions as this is a matter for the Information Commissioner.

The complaint

1. Mr X complains the Council has failed to keep his children safe. Mr X also complains the Council has recorded incorrect information about his past convictions.
2. Mr X says the Council’s actions have caused him significant distress and the incorrect records are causing him difficulties.

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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 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

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

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My assessment

7. The social worker who actions Mr X complains about has not been involved in his children’s care since January 2019. Mr X did not raise a complain with the Ombudsman until June 2021. Therefore, this is a late complaint and we cannot investigate it.
8. We have discretion to set aside this restriction where we decide there are good reasons. In this case I have decided not to exercise discretion because it is reasonable to expect Mr X to have complained to us about this sooner.
9. If Mr X believes the Council’s records regarding his convictions are factually inaccurate he can ask the Council to rectify this under data protection legislation. If the Council declines then Mr X may complain to the Information Commissioner. I can see no reason why Mr X could not raise a complaint with the Information Commissioner about this.

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Final decision

10. We will not investigate Mr X’s complaint because part of his complaint is late and his complaint about his personal data is a matter for the Information Commissioner.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman