Summary: We will not investigate this complaint that the Council concealed information and shared inaccurate information to third parties, which led to the complainant being abused. This is because the events happened too long ago.

The complaint

1. The complainant, who I will call Miss X, complains that the Council concealed information regarding safeguarding concerns when she was a child, provided inaccurate information to third parties and has withheld information from Miss X. Miss X says the Council’s actions resulted in her being abused which has destroyed her life.

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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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I will not investigate Miss X’s complaint because the events happened too long ago. The events Miss X describes happened some seven years ago. The period of time that has passed would make it difficult gather all evidence and to establish what happened with reasonable confidence in order to reach a sound and robust judgement. For these reasons, I am not confident that there is a realistic prospect of reaching a meaningful decision.
8. Finally, I will not investigate Miss X’s complaint that the Council withheld information from her when responding to a Subject Access Request. This is because it is reasonable to expect Miss X to complaint to the Information Commissioner about this as they are better placed at dealing with such matters.

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Final decision

9. We will not investigate Miss X’s complaint because the events happened too long ago.

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Investigator's decision on behalf of the Ombudsman