Summary: We will not investigate Miss X’s complaint about how the Council handled her personal data. The complaint is late, and there are no good reasons for us to investigate now. In any case, the Information Commissioner’s Office is better placed to consider it.

The complaint

1. Miss X complained the Council:

• failed to record a visit by a social worker she said happened in May 2017;
• recorded a case note in April 2018, the content of which she disagrees with and;
• stored her personal data on the file of another person.

2. Miss X said these matters caused her distress.

Back to top

The Ombudsman’s role and powers

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 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 there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection and data processing. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Miss X’s complaints about the Council failing to record a home visit in May 2017 and recording a case note in April 2018 she disagrees with are late.
9. Miss X said she received documents via a Subject Access Request (SAR) in 2019. Miss X was aware of the issues she complained about for several years before she approached the Ombudsman. I have seen no good reasons why Miss X could not have complained sooner. Consequently, we will not investigate this complaint.
10. Miss X’s complaints relate to the Council’s duties relating to data processing, data protection, and right to rectification. Miss X has the right to ask for her records to be ‘rectified’. This means any factual inaccuracies are corrected. If the Council refuses to do so, she can complain to the Information Commissioner’s Office (ICO).
11. Parliament set up the ICO to consider data protection disputes which includes ‘right to rectification’ disputes and how the Council stores and processes personal data. The ICO is better placed than the Ombudsman to consider if the Council should change its records or if it improperly handled Miss X’s data. Therefore, we will not investigate these complaints.

Back to top

Final decision

12. We will not investigate Miss X’s complaint because it is late, there are no good reasons for us to exercise discretion to consider it now, and in any case another body is better placed to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman