The Ombudsman's final decision
Summary: We will not investigate this complaint about a data breach in a social work assessment. The complaint is late, and there are no good reasons why it could not have been made to us sooner.
The complaint
Miss X complained the Council included the personal information of a third party not known to her, in a social work assessment it carried out.
Miss X said this caused her distress.
Miss X wants the Council to apologise, correct the data, provide staff training and compensate her.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council, and another Authority about the fact she saw the personal information of a third party not known to her, and this had been included in a social work assessment the Council provided her.
This event occurred in 2023. As Miss X became aware of the content of the social work assessment more than 12 months ago, we will not investigate this complaint. It was reasonable to expect Miss X to have complained to us sooner and I have not seen any good reason why she could not have approached us sooner.
Final decision
We will not investigate Miss X’s complaint because it is late, and there are no good reasons why it could not have been raised with us sooner.
Investigator's decision on behalf of the Ombudsman