Summary: We will not investigate most of Mr X’s complaint because the issues complained about are over 12 months old and the complaint is therefore late. We will not investigate some of Mr X’s complaint because it is reasonable to expect him to take the matter to the Information Commissioner’s Office.

The complaint

1. Mr X complained about the Council’s:
• historical social care involvement regarding his child; and
• response to a Freedom of Information request.
2. Mr X said the matter affected his mental health.

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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 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)).

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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. Mr X complained to the Council about its historical involvement regarding his child during the 1990s. Mr X submitted a Freedom of Information request asking the Council for information about a group of children in its care since the 1980s.
8. The Council responded and told Mr X it could not provide the information because it was not easily accessible, and it would take too long to process the request.
9. Mr X complained to the Council. The Council responded and told Mr X it would not investigate his complaint about its care of his child because the complaint is about historic matters. It also told Mr X the issues complained about had already been investigated by the Council and the Ombudsman over 10 years earlier.

Analysis

10. We will not investigate Mr X’s complaint about the care of his child. The issues complained about occurred in the late 1990s. Our legislation states a person must come to us within a year of becoming aware of an issue they wish to complain about. Mr X was aware of the issues at the time they occurred. Based on the information seen the Council also considered the complaint in 2014. The complaint is late, and I have seen no good reason to exercise discretion to consider these issues again now.
11. We will not investigate Mr X’s complaint about the Council’s response to his Freedom of Information request. This is because Mr X can take the complaint to the ICO, and it is reasonable to expect him to do so.

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Final decision

12. We will not investigate most of Mr X’s complaint because the complaint is late. We will not investigate some of Mr X’s complaint because it is reasonable to expect him to take the matter to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman