Summary: We will not investigate this complaint about a data breach and Council officers’ conduct in 2021. There is not a good reason for the delay in Mr X bringing the matter to the Ombudsman, and the Information Commissioner is best placed to consider concerns about how organisations handle people’s data.

The complaint

1. Mr X complained about an incident in 2021 which he says resulted from the Council wrongly sharing his personal data. He also complained about the Council’s delay in dealing with his complaint about the matter. He says the matter caused him significant distress and financial loss. He wants the Council to take responsibility for the impact the events had.

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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. 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

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

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My assessment

6. Mr X’s complaint is about an incident in 2021, during which he says two Council officers’ conduct was unacceptable and caused him distress and financial loss. He says he complained to the Council at the time but did not receive a response.
7. Mr X complained to the Council again in 2023. It sent him a response in 2024. It acknowledged some delay in it having responded during this time. I have taken this into account when considering the timescales involved in Mr X bringing the matter to us.
8. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there is a good reason. Where someone does not receive a response from the organisation within 12 weeks of complaining, they can bring the matter to us. While the Council had not provided Mr X a final response in 2021 or 2022, he could have contacted us and the complaint is now too late.
9. In any event, where someone complains about a data protection matter, we will normally expect them to raise it with the Information Commissioner instead, as the body responsible for dealing with concerns about how organisations handle people’s data.

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Final decision

10. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in bringing the matter to us, and in any event the Information Commissioner is best placed to consider complaints about data protection.

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Investigator's decision on behalf of the Ombudsman