The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about how the Council dealt with matters concerning his role as a landlord. This is because his complaint is made late. Mr X’s complaint about a data breach and how the Council dealt with his requests for information is better dealt with by the Information Commissioner.
The complaint
Mr X complains that the Council failed to act on breaches of the Landlord and Tennant Act 1985, pressured him into waiving his tenants’ rent arrears, committed a data breach and failed to respond to his request for information.
The Ombudsman’s role and powers
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)) 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) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint that the Council failed to act against a freeholder for breaches of the Landlord and Tenant Act 1985 or that it pressured Mr X into waiving outstanding rent arrears for his tenant. This is because these matters are brought to us late and I see no good reason why Mr X could not have raised them sooner.
I will not investigate Mr X’s complaint that the Council committed a data breach or that it failed to respond to his requests for information. This is because the Information Commissioner’s Office (ICO) is better placed to consider these matters.
Final decision
We will not investigate Mr X’s complaint because it is either made late or better dealt with by the ICO.
Investigator's decision on behalf of the Ombudsman