Summary: We will not investigate this complaint about the Council’s recording, handling and use of information concerning Mrs X. This is because the complaint is late and there are no good reasons to exercise discretion to consider it now. In addition, there is another body better placed to consider the outcome Mrs X seeks.

The complaint

1. Mrs X complained the Council failed to properly record, correct, and handle information about her, and continued to rely on inaccurate records when making decisions affecting her and her child. Mrs X said this caused her distress.

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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 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))

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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. Mrs X was unhappy with several actions the Council took in relation to recording and handling of its information about her in 2023. Mrs X first asked for the information be corrected in 2023. In February 2026, Mrs X formally complained and requested the records be amended. The Council declined to investigate due to relating to events from 2023.
8. The time limit for bringing complaints runs from when someone becomes aware of the issue they wish to complain about, not from when they complain to the Council or receive a final response. We expect people to complain to us within a year, even if they are unhappy with delays in the Council’s complaints process.
9. Mrs X first contacted us in March 2026. I will not investigate this complaint because it is late, and I have seen no good reasons why Mrs X did not approach us earlier.
10. Mrs X says the Council still holds inaccurate information. She seeks is the correction of inaccurate information about her. The Information Commissioner’s Office (ICO), which oversees data protection and information rights, is better placed to consider this aspect of the complaint.

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Final decision

11. We will not investigate Mrs X’s complaint because it is late and there are no good reasons to consider it now. In addition, there is another body better placed to consider the outcome Mrs X seeks.

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Investigator's decision on behalf of the Ombudsman