Summary: We will not investigate this complaint about an alleged data protection breach by the Council. This is because the complaint is made late and there are not good reasons to investigate now plus the matter is best dealt with by the Information Commissioner's Office.

The complaint

1. Mr X complains the Council published sensitive and personal information on its website in connection with a planning application he had submitted. Mr X also complains the Council delayed in dealing with the application. Mr X says this caused him significant distress and anxiety and he seeks compensation from the Council in recognition of this.

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The Ombudsman’s role and powers

2. 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)
3. The Ombudsman investigates 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 may decide not to continue with 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The actions of the Council Mr X complains about took place in 2021. As Mr X did not complain to us until July 2023, his complaint is made late as it has not been made to us within a year of him knowing about these problems. Mr X has not explained the reason for this delay and I consider it is reasonable to expect him to have complained to us in time. As such, I do not consider there are good reasons for us to investigate this late complaint now.
7. In addition, the Information Commissioner's Office (ICO) is the UK's independent regulator in respect of data protection matters and it is best placed to deal with Mr X's complaint in this regard.

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Final decision

8. We will not investigate Mr X’s complaint because it is made late to us and there are not good reasons to investigate now plus the data protection matter is best dealt with by the ICO.

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Investigator's decision on behalf of the Ombudsman