Summary: We will not investigate Miss X’s complaint about the actions of a social worker. She says the social worker inappropriately shared personal information about her with a third party. She also complains the Council did not complete her care assessment appropriately. This is because it is late and there are no good reasons to exercise discretion to consider the late complaint.

The complaint

1. Miss X complains about the actions of a social worker. She says the social worker inappropriately shared personal information about her with a third party. She also complains the Council did not complete her care assessment appropriately.

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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 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 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))

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How I considered this complaint

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

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My assessment

6. In November 2020, Miss X says the Council’s social worker contacted her friend and disclosed some personal information without her consent. She also complains the Council failed to complete an appropriate care assessment.
7. Evidence shows Miss X raised a complaint in February 2021 and the Council issued a final complaint response in October 2021. While it is not clear exactly what Miss X complained about in 2021, I am satisfied there are no good reasons for why Miss X could not have brought this complaint to us earlier.
8. This is because if Miss X had complained about the care assessment and the actions of the social worker in 2021, then she should have made the complaint to us without delay once the Council issued its final response in October 2021. If Miss X had not complained about these matters, then I am satisfied it was reasonable for her to have done so. This is especially given Miss X was able to raise complaints in 2021.
9. Therefore, we the complaint is not within the Ombudsman’s jurisdiction as the complaint as its late and there are no good reasons for why Miss X could not have complained to us sooner.
10. In any case, even if we were to exercise discretion to consider the late complaint, we would not investigate. This is because the Information Commissioner’s Office is better placed to deal with the complaint as it is about the Council’s handling of Miss X’s data and breach of confidentiality.

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Final decision

11. We cannot investigate Miss X’s complaint because it is late and there are no good reasons to exercise discretion to consider the late complaint.

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Investigator's decision on behalf of the Ombudsman