Summary: We will not investigate this complaint about a data breach. This is because the matter is out of time and there are no good reasons why we should exercise discretion to consider it now.

The complaint

1. Ms X complained that the Council lost her written sensitive correspondence that she had hand delivered to an office in 2021.
2. Ms X says that this has caused her distress and wishes to be compensated for the loss.

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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)

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How I considered this complaint

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X said that she submitted a handwritten complaint to a council building in 2021.
7. When she chased up progress in responding, the Council told her there was no record of her handwritten complaint being received.
8. Ms X said that she became aware of her rights relating to data protection in 2023. She said she first wrote to the Council’s Data Protection Officer and then reported the data loss to the Information Commissioner’s Office (ICO).
9. Ms X said that the ICO upheld her complaint in 2024 and made a series of recommendations to the Council which it has not acted on.
10. We will not investigate this complaint. The Ombudsman would not normally investigate a complaint where more than 12 months has passed since the complainant became aware of the matter. I have considered information that Ms X has provided as a reason why she could not have complained earlier; However, I am not satisfied that the information fully explains the delay in Ms X bringing this complaint to exercise discretion to consider her complaint.

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Final decision

11. We will not investigate Ms X’s complaint because the complaint is out of time and there are no good reasons to exercise discretion to consider it.

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Investigator's decision on behalf of the Ombudsman