Summary: We will not investigate Mr X’s complaint about various alleged failings of the Council. The complaint is late and in part historic, and there is no good reason to exercise discretion to investigate these matters now. Even if that were not so, some of the matters complained of were also subject to or closely linked to matters subject to court action and we could not investigate them. Others were matters of data that would have been more appropriate for the Information Commissioners’ Office to deal with, or matters where the Council had offered a reasonable remedy.

The complaint

1. Mr X complained of a range of alleged failings by the Council between 2012 and 2023 in dealing with him and his children. These encompassed child protection, housing and data matters.

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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 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))
5. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
6. 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)
7. 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 further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. Mr X told us he has difficulty communicating and needed a litigation friend. The Council told us Mr X had declined its offers of an advocate, but had used a person to help him with his complaint.
11. Mr X’s complaint is late, if only because he took 17 months following the second stage response from the Council to contact us. Even if Mr X sent the undated document to the Council, which denied receiving a request for the third stage, it is more likely than not that he could have approached us if he did not hear back from the Council. It only requires a telephone call to register a complaint verbally with us, even though the Council told us it received frequent emails on his behalf during his complaint to it, and he provided us with an email address for correspondence. There is thus no good reason to exercise discretion to consider these later matters now.
12. Even if Mr X’s complaint was not late, some of the matters he complains of are closely linked to or were directly part of court action. The Information Commissioner’s Office (ICO) would also have been better placed than us to deal with data matters, as it has powers we lack to impose penalties for breaches and to require rectification. And we would be unlikely to propose further remedy than the offer made by the Council in terms of helping Mr X care for his child.

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Final decision

13. We will not investigate Mr X’s complaint because it is late and there is no good reason to exercise discretion to investigate the matters complained of now.
14. Even if that were not so, the matters complained of are ones where:

• There is a close link to matters that formed part of court action;
• Another body would be better placed to consider them; or
• We could not add to the Council’s own investigation.

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Investigator's decision on behalf of the Ombudsman