Summary: We will not investigate this late complaint about the Council’s involvement in Mr X’s children’s case in 2017. There is not a good reason for the significant delay bringing the complaint to us, and the Information Commissioner’s Office is best placed to consider any more recent concerns relating to accessing information.

The complaint

1. Mr X complained the Council:
• wrongly placed his children into care;
• colluded with the police to fabricate claims relating to his mental health;
• failed to involve him in assessments of his children;
• failed to act on racism and injury to his children.
• delayed releasing information he requested.
2. Mr X says these events caused him significant distress and breakdown of his family relationships. He wants the Council to provide the records he has requested.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
4. 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)
5. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.
6. 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

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

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My assessment

9. Mr X’s complaint relates to events of 2017. The Council provided him with a final response in 2017, signposting him to the Ombudsman. He contacted us in 2019 however he did not provide evidence of having complained to the Council and we asked him to do so before we could investigate. Mr X brought his complaint back to us in 2024.
10. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there is a good reason. Seven years have passed since these events, and while Mr X refers to having spent some time in hospital during this time, there is not a good reason for the length of delay that would lead us to investigate these historical events now.
11. Mr X refers to concerns about the Council’s information-sharing practices, which may include more recent events. However, the Information Commissioner is best placed to consider how organisations handle requests for information. In the absence of a wider complaint within our jurisdiction, there is not a good reason for us to consider this matter instead of the Information Commissioner.

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Final decision

12. We will not investigate Mr X’s late complaint because there is not a good reason for the significant delay in him bringing the matter to us.

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Investigator's decision on behalf of the Ombudsman