Summary: We will not investigate this complaint about the Council’s decision not to explain why the threshold for a safeguarding enquiry was not met. This is because the complainant can complain to the Information Commissioner.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council will not tell him why it decided the threshold for a safeguarding referral was not met. Mr X wants the Council to tell him why it decided the threshold had not been met.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I read the complaint and the Council’s responses. I considered comments Mr X made in reply to a draft of this decision.

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What I found

What happened

5. Mr X contacted the Council to report that staff at a sixth form college involved his daughter in an attempt to obtain a false passport. He said his daughter had been interviewed by passport staff regarding a false application for a passport.
6. The Council considered the report but decided the events did not meet the threshold for a safeguarding referral. Mr X asked the Council to explain why the threshold had not been met.
7. In response the Council said it cannot share any information with Mr X because his daughter has not given consent for the Council to share information with him. It said that to provide him with information would break data protection legislation. The Council signposted Mr X to the ICO.
8. Mr X disagrees with the Council’s decision and says it is using data protection as an excuse. He said he made the referral and is entitled to information about the outcome. He said his request is nothing to do with his daughter and she is aware he made the referral.

Assessment

9. The Council has decided it cannot provide any information to Mr X about its decision because it would break data protection legislation. I will not start an investigation because the ICO is the appropriate body to decide if the Council is correct. It would be for the ICO to decide if the law allows the Council to give Mr X the information he wants. If the ICO agrees with the Council’s approach then, unfortunately, Mr X will not be told the Council’s reasons unless his daughter gives consent for the Council to share the information. However, the ICO may decide that the Council can provide Mr X with more information.

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Final decision

10. I will not start an investigation because Mr X can complain to the ICO.

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Investigator's decision on behalf of the Ombudsman