Summary: We will not investigate this complaint about the Council’s complaint handling. The complaint is late and, for the remainder, the Information Commissioner is better placed to consider and decide complaints about data protection.

The complaint

1. Ms X complained the Council did not properly consider a complaint she submitted to it in 2024. Ms X also said the Council did not act on a data rectification request she made to it at the same time.

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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 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))
5. 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

6. I considered information provided by Ms X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Ms X’s complaint about the Council’s handling of her complaint in 2024. Ms X complained to the Ombudsman about this in 2026. We expect a person to complain to us within 12 months of being aware of a matter, therefore, the complaint is late, and there is no good reason to exercise discretion to consider it now.
9. The Information Commissioner (ICO) enforces data protection legislation. The main functions of the ICO are to uphold information rights in the public interest by promoting openness by public bodies and protecting the privacy of individuals.
10. We will also not consider Ms X’s complaint about the Council’s handling of her request for data rectification. The Information Commissioner is better placed to consider and decide complaints about data protection. This includes rectification rights.

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Final decision

11. We will not investigate Ms X’s complaint because it is late. For the remainder, the ICO is better placed to consider and decide complaints about data protection.

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Investigator's decision on behalf of the Ombudsman