Summary: We will not investigate this complaint regarding Mr X being denied information from the Council about his foster career ending as the Information Commissioners Office is better placed to consider this matter. Mr X’s complaint about the Council’s involvement in his foster career ending and its refusal to re-register him as a foster carer is made late.

The complaint

1. Mr X says he has been denied access to information from the Council about his foster career ending. Mr X is unhappy with his foster career ending and would like it reinstated but says the Council has refused.

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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/care provider 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 the information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X made a subject access request to the Council who provided him with some information but with redactions.
8. Mr X is unhappy with the information provided and has the option to go to the Information Commissioner’s Office (ICO). The ICO are best placed to consider complaints about how public bodies deal with requests for information.
9. Mr X is unhappy with the Council’s involvement with his foster career ending and would like to be re-registered. However, Mr X’s concerns are about issues that happened more than 12 months ago, and I see no good reason why he could not have complained to us sooner.

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Final decision

10. We will not investigate the complaint because the ICO are better placed to deal with his complaint about how his request for information was dealt with. Other matters raised by Mr X are late.

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Investigator's decision on behalf of the Ombudsman