Summary: We will not investigate this complaint about a subject access request because the Information Commissioner is better placed to deal with the matter. Other issues happened too long ago, and I see no good reason why a complaint could not have been made sooner.

The complaint

1. X complains about how the Council dealt with her subject access request and about how the Council’s children’s services dealt with X’s family when their children were young.

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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)

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How I considered this complaint

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

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My assessment

7. The Information Commissioner’s Office (ICO) enforces this legislation. The ICO upholds information rights by promoting openness by public bodies and protecting the privacy of individuals. 
8. I will not investigate X’s complaint about how the Council dealt with a request for information. This is because the ICO is better placed to deal with this matter.
9. I will not investigate the actions of the Council’s children’s services in relation to X and their children, when they were young. This is because this is a historic complaint and is therefore late. I see no good reason why X could not have complained to the Ombudsman sooner.

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Final decision

10. We will not investigate X’s complaint because the ICO is better placed to deal with how the Council dealt with a subject access request and because other matters are late.

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Investigator's decision on behalf of the Ombudsman