Summary: We will not investigate Miss X’s historic complaint about the Council’s actions when she was a child. The complaint lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, Miss X, complains about the care and support she received from the Council when she was a child. She also complains the Council breached the Data Protection Act in failing to maintain records.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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))
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council told Miss X that due to the passage of time and the limited information it holds in relation to its childrens services involvement with her as a child it was unable to consider the matter via its complaints procedure. It reviewed the limited information it did have and provided this to Miss X. It signposted her to this office and suggested she seek legal advice if she wishes to make a claim for compensation.
10. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late, as per the restriction set out in paragraph 4, above. The matters complained about are historic and the limited available records have already been considered by the Council in its reply to Miss X. Given the lack of available records and the very significant passage of time since the events complained about there is no realistic prospect of us being able to carry out a meaningful investigation of events and reach a fair and sound view on the matters complained about now further to that already provided by the Council. In addition to this, changes in staff, policies, guidance and legislation since these events would further impact our ability to carry out a meaningful investigation over 20 years after the events.
11. Miss X’s complaint about data protection matters is best considered by the Information Commissioner’s Office. It is the body set up to consider data matters.

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Final decision

12. We will not investigate Miss X’s complaint. It lies outside our jurisdiction because it is late and there are no good grounds to exercise discretion to consider it now for the reasons set out above.

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Investigator's decision on behalf of the Ombudsman