The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of a child protection case relating to his grandchild in 2023. The complaint is late and there are no good grounds to exercise discretion to consider it now.
The complaint
Mr X complains on behalf of his daughter, Ms X, about the Council’s handling of a child protection case in September 2023 involving her child. He also complains the Council did not reply to his questions following a meeting in February 2024 and did not provide all the documents he requested in its response to his subject access request.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) We do not start an investigation if we decide there is another body better placed to consider a complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council in November 2023 about its handling of a child protection investigation in September 2023, involving his grandchild.
The Council responded to Mr X explaining it could not accept the complaint from him as the grandfather of the child. It said that for it to investigate the complaint it would need consent from the child’s parents.
In February 2024, Mr X attended a meeting with a team leader and supervisor to discuss his concerns. He provided a list of questions he wanted answers to. Mr X says he has not received a response to these questions, despite chasing.
Mr X also complains the Council did not provide all the relevant documents in its response to his subject access request on the matter.
We will not investigate this complaint. It lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person first becoming aware of the matter. The Council’s investigation was in September 2023 and the parties were aware of this at the time. Mr X first contacted this office in April 2025 well over 12 months later. I see no good grounds to exercise discretion to consider this late complaint now.
Mr X’s complaint about the Council’s response to his subject access request is a matter best considered and decided by the Information Commissioner’s Office rather than by us. It is the body set up to consider complaints about data issues such as this and it is best placed to consider it.
Final decision
We will not investigate Mr X’s complaint because is late and I see no good grounds to exercise discretion to consider it now. Also, the data matter is best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman