Summary: We will not investigate this complaint about the Council’s response to the complainant’s request for her records from when she was a child in care. This is because it is a late complaint and because the complainant could complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mrs X, does not accept that the Council does not have any records it could give her from when she was a child in care. Mrs X was born in the 1950s.

Back to top

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)

Back to top

How I considered this complaint

5. I read the complaint and responses the Council sent to Mrs X in 2012 and 2016. I invited Ms X to comment on a draft of this decision.

Back to top

What I found

What happen

6. Mrs X was born in the 1950s and spent some of her childhood in Council care.
7. In 2011 Mrs X asked the Council for her records for the time that she was in care. The Council responded in 2012 and said it had very few records relating to her. It said it had some third party information relating to other family members but Mrs X was just named and there was no information about her. It explained that the records it did have were of poor quality, hard to read and held on microfiche. It explained that before 1991 the law did not require councils to retain records for a long time. The law changed in 1991 so that councils are required, since then, to keep records until the person, who had been in care, reaches 75 years of age.
8. Mrs X made another request for information in 2016 via a solicitor. The Council replied in 2016 and repeated what it had said in 2012.
9. Mrs X disagrees with the Council’s response. She does not accept the Council does not have any records about her. She says the Council told the police it held records but it could not release them without the consent of other family members. Mrs X says there are not many remaining family members who can give consent.

Assessment

10. I will not start an investigation for the following reasons.
11. This is a late complaint. Mrs X has been aware of the Council’s position that it does not have any records it can disclose to her since 2012. But, she did not complain to us until 2021. I have not seen any good reason to accept such a late complaint.
12. I also will not start an investigation because Mrs X can complain to the Information Commissioner (ICO) if she thinks the Council’s response is inaccurate and that the Council does have information it could disclose without consent from other people. It is reasonable to expect Mrs X to contact the ICO because that is the appropriate body to consider complaints about data handling.

Back to top

Final decision

13. I will not start an investigation because this is a late complaint and because Mrs X could complain to the ICO.

Back to top

Investigator's decision on behalf of the Ombudsman