Summary: We will not investigate this late complaint about the Council’s response to Mr X’s homelessness application in 2007. There is not a good reason for the significant delay in bringing the matter to us, and we could not carry out a meaningful investigation now. Issues relating to Mr X’s information request are best considered by the Information Commissioner.

The complaint

1. Mr X complained about the Council’s response when he presented to it as homeless in 2007. He said the matter caused him significant distress, led to him having no contact with his family and worsened his health. He said the Council also could not provide records he requested more recently, and he believes it tampered with his personal information. He wanted to be rehoused and compensated for the impact of the matter on him over 17 years.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s complaint is about events from 2007. The law says people must bring complaints to us within 12 months of becoming aware of the matter, unless there is a good reason.
7. I have considered the information Mr X provided about his mental and physical health and other circumstances. This does not, however, explain the significant delay in him bringing the matter to us. Given the significant lapse of time, we could not carry out a meaningful investigation in any event.
8. We normally signpost people to the Information Commissioner’s Office (ICO) when they complain to us about access to information. There is no good reason for us to consider the matter Mr X raises relating to his personal information, and it is open to him to contact the ICO should he wish to escalate this part of his complaint.

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Final decision

9. We will not investigate Mr X’s late complaint because there is not a good reason for the delay in him bringing the matter to us and we could not meaningfully investigate these historic events.

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Investigator's decision on behalf of the Ombudsman