Summary: We will not investigate Mr X’s complaint that the Council refused to consider his complaint under the Children’s Statutory Procedure and delayed his subject access request . This is because it is late and the Information Commissioner’s Office (ICO) is best placed to consider delays relating to subject access requests.

The complaint

1. Mr X complains the Council unlawfully excluded him from an assessment of his child preventing him from safeguarding them and contributing to parental alienation. He also says the Council wrongly refused to investigate his complaint by misapplying the 12‑month rule and delayed processing his Subject Access Request for over a year, preventing access to key evidence. He wants the Council to complete an complaint investigation, provide an apology and compensation. He also wants the Council to disclose remaining records and correction its records about him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In September 2024, Mr X complained that a Family Assessment completed in 2021 excluded him as a parent with parental responsibility. He also complained that the Council referred his child to Child and Adolescent Mental Health Services in 2023 without his knowledge. Mr X says he only became aware of these matters in June 2024 during legal proceedings to seek contact with his child.
8. In October 2024, the Council refused to accept Mr X’s complaint under the Children’s Statutory Complaints process because it fell outside the 12‑month time limit. The Council referred his information request to the Subject Access Request (SAR) team and signposted him to the Ombudsman.
9. Mr X believes the Council acted unfairly by refusing his complaint on this basis. He says the time limit should not apply because he only became aware of the issues in July 2024.
10. We will not investigate this complaint because it is late and I see no good reason to exercise discretion to accept this complaint now. The Council signposted Mr X to us in October 2024 if he remained dissatisfied. However, Mr X did not complain to us until December 2025, I see no good reason why he could not have complained sooner.
11. We will not investigate Mr X’s complaint about the Council’s handling of his Subject Access Request because the Information Commissioner’s Office (ICO) is responsible for considering such matters.

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Final decision

12. We will not investigate Mr X’s complaint because it is late and the Information Commissioner’s Office (ICO) is best placed to consider his concerns about the Council’s processing of his SAR.

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Investigator's decision on behalf of the Ombudsman