Summary: We will not investigate this complaint about the Council’s involvement with Miss X’s family. This is because the complaint concerns events that took place more than 12 months ago. In addition, an investigation into these matters would be unlikely to result in a worthwhile outcome.

The complaint

1. Miss X complained the Council recorded incorrect information about her home-schooled children and sent her information regarding someone else’s family.

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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 no worthwhile outcome achievable by our investigation.

(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 Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council regarding its involvement with her family in June 2024. She was unhappy with the Council’s incorrect summary of her children’s home schooling. She was also unhappy the Council sent her information meant for someone else.
8. The Council confirmed that plans to initiate a school attendance order were stopped once Miss X provided evidence her children were being suitably home schooled. The Council apologised for sending her someone else’s data in error.
9. Miss X wants us to find the Council at fault. The Ombudsman will not usually investigate events that took place more than 12 months before the complainant became aware of them. It would have been reasonable for Miss X to bring the complaint to us at the time.
10. In addition, the evidence indicates the Council suspended its involvement with Miss X’s family upon receipt of information showing her children were receiving a suitable education. With regards to Miss X receiving another party’s personal data; this is a matter best placed for the Information Commissioner’s Office to deal with. An investigation would be unlikely to result in a worthwhile outcome.

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Final decision

11. We will not investigate Miss X’s complaint because the complaint concerns events that took place more than 12 months ago. In addition, an investigation into these matters would be unlikely to result in a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman