The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s Education Welfare Service. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault by the Council. Also, we have no powers to investigate complaints about schools. Mr X’s concerns about data protection and the accuracy of information are best dealt with by the Information Commissioner’s Office.
The complaint
The complainant, whom I shall refer to as Mr X, complained about the Council’s Education Welfare Service and one of its Education Welfare Officers (EWO). Mr X is unhappy about the advice the EWO gave to his son’s school and comments made in emails. Mr X says the EWO released private information to the school. Mr X also complains his son’s school provided the Council with false information.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended) We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its response to Mr X’s complaints the Council said his son’s school had been in contact due to poor attendance. The EWO’s response to the school was in line with the Council’s policy and the advice offered was appropriate. The Council accepted some written comments could affect the positive relationship needed to improve attendance and it apologised for this.
We will not start an investigation into Mr X’s complaint. Based on the information I have seen there is not enough evidence of fault by the Council. Also, any injustice to Mr X from the Council’s alleged fault is not clear.
We also have no powers to consider complaints about what happens in schools. Mr X needs to pursue any concerns he has about the school through its own complaints process. This is not something we can consider.
If Mr X wants to pursue a complaint about his personal information being breached or the accuracy of information held, he should approach the ICO.
The ICO is the UK’s independent authority set up to uphold information rights. It promotes openness by public bodies and protects the privacy of individuals. It deals with complaints about public authorities’ failures to comply with data protection legislation. This includes disclosing information in error and holding inaccurate information.
There is no charge for making a complaint to the ICO, and its complaints procedure is relatively easy to use. Where someone has a complaint about data protection, the Ombudsman usually expects them to bring the matter to the attention of the ICO. This is because the ICO is in a better position than the Ombudsman to consider such complaints. Mr X should therefore approach the ICO about this part of his complaint.
Final decision
We will not investigate Mr X’s complaint because: There is not enough evidence of fault by the Council.
We cannot consider complaints about schools.
Complaints about data protection are best considered by the Information Commissioner’s Office.
Investigator's decision on behalf of the Ombudsman