Summary: We will not investigate Mrs X’s complaint about matters related to the Council’s data handling. This is because it is reasonable to expect Mrs X to pursue the matter through the courts.

The complaint

1. Mrs X complains the Council’s social worker shared sensitive information with a third party in February 2023. She says the disclosed documents contained incorrect information.
2. Mrs X also complains about the Council’s refusal to accept her compensation claim. She is unhappy with its delayed response regarding her claim.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I will not investigate any complaints about matters related to the Council’s data handling and sharing of incorrect information because it is late. Evidence shows Mrs X first became aware of these issues in March 2023 but did not complain to us until December 2024. There are no good reasons why she could not have come to us within 12 months of becoming aware of the issues.
9. I will not investigate Mrs X’s complaint about the Council’s refusal to accept her compensation claim. It is reasonable to expect her to pursue the matter through the courts. It is the appropriate body to decide on a claim for compensation under data protection law.
10. It would not be a good use of public money to investigate the Council’s communication about Mrs X’s claim in isolation.

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Final decision

11. We will not investigate Mrs X’s complaint because it is reasonable for her to pursue the matter through the courts.

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Investigator's decision on behalf of the Ombudsman