Summary: We will not investigate this complaint about the Council’s handling of reports of historical abuse and a Subject Access Request (SAR). This is because the complaint is late and there is no good reason to exercise discretion to investigate it now. We will not investigate the matter about a SAR request as the Information Commissioner’s Office is better placed to consider it.

The complaint

1. Miss X complains about the Council’s handling of reports of historical abuse and delays responding to her Subject Access Request (SAR).

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Miss X and the Council
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council about these matters in 2019 and 2025.
8. The Council told Miss X that it could not consider her complaint because records dating back to 2019 were no longer available and the staff involved no longer work for it.
9. We will not investigate Miss X’s complaint. The complaint is historic and lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. It was reasonable for Miss X to refer the matter to us sooner.
10. In any event, I do not see there is any realistic prospect of us being able to carry out a full and fair investigation into these matters now and reach a reliable view so long after the events happened. As noted in the Council’s 2025 response, internal records are no longer available. This would also impact our ability to carry out a meaningful investigation now as well as the limitations caused by a significant passage of time.
11. Miss X’s complaint about her SAR is a matter for the Information Commissioner’s Office (ICO). The ICO is better placed to consider this matter.

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Final decision

12. We will not investigate Miss X’s complaint because it is late and there is no good reason to exercise discretion to investigate the matters complained of now. We will not investigate the matter about a SAR request as the ICO is better placed to consider this.

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Investigator's decision on behalf of the Ombudsman