Summary: We will not investigate this complaint about the Council’s involvement in matters concerning the care of Mr X’s child. This is because the issues could reasonably have been or have been mentioned in court proceedings. The Information Commissioner is better placed to deal with complaints about data protection matters.

The complaint

1. Mr X complains about a risk assessment carried out by the Council in 2022. Mr X says the assessment is out of date and inaccurate. Mr X says the Council agreed to carry out a new risk assessment during court proceedings but has now refused to do so. Mr X also complains that the Council has refused to respond to his subject access requests.

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The Ombudsman’s role and powers

2. 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))
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)
4. 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)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

8. I will not investigate Mr X’s complains about how the Council has dealt with his subject access requests. The Information Commissioner’s Office (ICO) is better placed to deal with complaints about data protection matters such as these.
9. I will not investigate Mr X’s complaint about the risk assessment completed in 2022 because it is made late and I see no good reason why he could not have complained sooner.
10. I will not investigate Mr X’s complaint about the Council’s refusal to carry out a risk assessment. The care and contact arrangements for Mr X’s child have been considered in court. If Mr X felt that the Council’s understanding of risk was out of date or incorrect he could have reasonably have raised this matter during these proceedings.

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Final decision

11. We will not investigate Mr X’s complaint because he could have reasonable raised the issues raised in court and because the ICO are better placed to consider complaints about data protection matters.

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Investigator's decision on behalf of the Ombudsman