Summary: We cannot investigate Mr X’s complaint about a children’s services’ visit to his home. The complaint is late and I see no good reason to consider it now. Also, we will not investigate the Council’s handling of personal information. The Information Commissioner is better placed to consider and decide complaints about data protection.

The complaint

1. Mr X complained the Council inappropriately shared information with his children during a home visit, causing distress.
2. Mr X also complained the Council held inaccurate information and did not properly consider his data rectification request.
3. Mr X wants the Council to apologise, properly consider his data rectification request, review its processes, and compensate him.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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), as amended, section 34(B))
7. 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

8. I considered information provided by Mr X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X complained about the nature of a social work visit to his home in 2024. We will not investigate this part of Mr X’s complaint. His concerns relate to events more than 12 months old. It is reasonable to have expected Mr X to complain to us sooner.
11. Mr X also complained the Council holds inaccurate information and did not properly consider his data rectification request.
12. The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
13. We will not investigate this part of Mr X’s complaint. The ICO is better placed to consider and decide complaints about data protection. This includes data rectification matters.

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Final decision

14. We cannot investigate part of Mr X’s complaint because it is late, and we will not investigate the data protection part because the ICO is better placed to consider and decide the matter.

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Investigator's decision on behalf of the Ombudsman