Summary: We will not investigate Mr X’s complaint about children services’ actions. We cannot investigate what happens in a school or Court proceedings. The Information Commissioner’s Office is better placed to consider his information complaint.

The complaint

1. The complainant, whom I shall call Mr X, says the Council; gave a school inaccurate legal advice; failed to provide information to a Court and has not properly responded to a request for information.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
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. 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 this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
6. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by Mr X which included the Council’s replies.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X says the Council’s legal team wrongly advised his children’s school about pick up arrangements. He says this caused problems for three months. We cannot investigate the advice the Council gave a school because it is part of what happens in schools.
10. Mr X says the Council failed to provide the Court with information requested by it. We cannot investigate what happens in Court proceedings.
11. Mr X says the Council has not provided unredacted information he requested. Mr X has the right to ask records are disclosed. If the Council refuses to do so, he can complain to the Information Commissioner’s Office (ICO). Parliament set up the ICO to consider data protection disputes which includes ‘right to information’ disputes. The ICO are better placed than us to consider if the Council has complied with its duties particularly because there are complex exemptions for children services’ case files.

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Final decision

12. We will not investigate Mr X’s complaint because we cannot investigate school or court matters. And the ICO is better placed for his information request complaint.

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Investigator's decision on behalf of the Ombudsman