Summary: We will not investigate this complaint about the Council’s handling of an information request. This is because there is another body better placed to consider Miss X’s complaint about that matter. Nor will we consider a complaint about how the Council responded to concerns about Miss X, when she was a child. It would be reasonable to allow the Council to investigate Miss X’s complaint about those matters.

The complaint

1. Miss X complained about the Council’s response to a subject access request she made. She said the Council took too long to reply to this, and records were missing.
2. Miss X also said she was failed by the Council repeatedly between 2014 and 2023, because it did not take effective action to protect her, in response to concerns others raised to it, about her. Miss X said this caused her significant distress and frustration.

Back to top

The Ombudsman’s role and powers

3. 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 part of this complaint, or
• it would be reasonable for the person to allow for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)
5. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss X submitted a data subject access request to the Council in June 2025. She said she did not receive this until June 2026. I will not investigate this part of Miss X’s complaint, because the Information Commissioner, is a body, that has extensive powers, to monitor and enforce compliance with data protection legislation. Therefore, they are better placed to consider a complaint about the Council’s response here.
8. Miss X said the Council had repeatedly failed to properly safeguard her between 2014 and 2023, and some of this became more apparent when she obtained her case notes, from the Council recently.
9. In June 2026, Miss X made a complaint about these matters. In July 2026, the Council replied to Miss X’s request, at stage one of the three-part Children Act procedures.
10. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
11. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to investigate the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
12. Where a complaint is accepted at stage one, the complainant is entitled to pursue their complaint further through this procedure, and the Council is obliged to ensure it proceeds to stage two and three, if that is the complainants wish.
13. The Council invited Miss X to escalate her complaint to stage two of the procedures. Miss X said in July, she asked the Council to consider her complaint at stage two of the complaint procedures. On the evidence at hand, the Council has not yet responded at stage two, and it would be reasonable to allow the Council the opportunity to investigate and reply.

Back to top

Final decision

14. We will not investigate Miss X’s complaint because part of it is for another body. And it would be reasonable to allow the Council to investigate Miss X’s main complaint.

Back to top

Investigator's decision on behalf of the Ombudsman