Summary: We will not investigate this complaint about the Council’s involvement with Miss X’s family. Part of the complaint is late and there are no good reasons for us to exercise discretion to consider it now. We will not investigate the rest of Miss X’s complaint because further investigation would not lead to a different outcome and the Information Commissioner’s Office is better placed to consider part of it.

The complaint

1. Miss X complained about the Council’s treatment of her and her children. Miss X also complained about how the Council held her personal information without her consent.
2. Miss X said the matters caused her to feel worried and concerned about the safety of her children.

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The Ombudsman’s role and powers

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 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, or
• 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. Miss X initially raised a complaint about the Council’s treatment of her and her children in May 2023. This complaint was considered using the children’s statutory complaints procedure and stage two of this procedure concluded in April 2024.
10. As outlined in paragraph four, we cannot investigate complaints where a person has been aware of the matters for more than 12 months. Miss X did not bring this complaint to our attention until July 2025, and I do not consider there are any good reasons for us to exercise discretion to consider it now.
11. Miss X raised another similar complaint with the Council in June 2025. The Council held a meeting with Miss X about the complaint where it agreed several actions. This includes the Council allocating a new social worker to the case and for Miss X to be invited to meetings in future, as these formed part of her desired outcome. The Council then closed the complaint.
12. Miss X disagrees the Council has resolved her concerns. Miss X also said she had become aware the Council holds a document containing her personal data, which she did not provide consent for them to have.
13. Based on the available information, and the Council’s response, I do not consider further investigation by the Ombudsman would achieve anything further to the outcome Miss X already has. The agreed actions appear to be appropriate.
14. Additionally, the concern Miss X has about the Council holding a document containing her personal data is better considered by the Information Commissioner’s Office (ICO). The ICO is the body set up by parliament to uphold data rights and is therefore better placed to consider this point.

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Final decision

15. We will not investigate Miss X’s complaint because part of it is late and there are no good reasons for us to exercise discretion to consider it now. We will not investigate the rest of Miss X’s complaint because further investigation would not lead to a different outcome and the ICO is better placed to consider part of it.

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Investigator's decision on behalf of the Ombudsman