Summary: We will not investigate Mrs X’s complaint about the Council’s delay in reviewing her carer assessments over eight years and a data breach. This is because the complaint was made late, an investigation would not lead to a different outcome and the Information Commissioner is the appropriate body to consider data protection concerns.

The complaint

1. Mrs X complains the Council delayed reviewing her carer assessment over the past eight years, affecting her funding. Mrs X also complains the Council sent her a document that contained someone else’s personal information.

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The Ombudsman’s role and powers

2. 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))
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 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

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

My assessment

7. Mrs X complained to the Council in February 2024 that her carer’s direct payment had not been reviewed or increased. The Council accepted the lack of annual reviews. It raised the direct payment for 2024/25 to £300 and also made a backdated payment of £100 to cover the 2023/24 period. Mrs X asked the Council to pay for the other years she did not receive an annual review.
8. The Council accepted that it did not complete reviews in 2018/19, 2020/21 and 2021/22. It said it is working on a long-term plan to improve how it handles carer assessments and reviews.
9. I will not investigate Mrs X’s complaint about how the Council managed her carer’s direct payments prior to 2023. This is because this element of her complaint is late and I see no good reason why she could not have complained to the Ombudsman sooner.
10. I will not investigate Mrs X’s complaint about how the Council has managed her carer’s direct payments from 2023. This is because the Council has increased the payment to the full amount and backdated it. Also, we have recently upheld a complaint about how the Council reviews carers’ payments and are satisfied that the Council is taking steps to resolve the issue. Investigation would therefore not lead to a different outcome.
11. If Mrs X believes the Council mishandled personal data, she can take her concerns to the Information Commissioner who is better placed to consider complaints about data protection matters.

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Final decision

12. We will not investigate Mrs X’s complaint because it is late, an investigation would not lead to a different outcome and the Information Commissioner is better placed to deal with data protection issues.

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Investigator's decision on behalf of the Ombudsman