Summary: We will not investigate this complaint about the Council’s alleged breach of Ms X’s privacy when it disclosed information about her to her child Y’s school. This is because it would be reasonable for Ms X to contact the Information Commissioner’s Office with her concerns.

The complaint

1. Ms X complained the Council disclosed inaccurate details on a harmful sexual behaviour report which it shared with her daughter Y’s school.
2. She said the Council’s actions have caused her distress and upset.

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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 most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
5. 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 another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

6. 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)

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How I considered this complaint

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

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My assessment

9. After making a subject access request to her child Y’s school, Ms X became aware of a report the Council had shared with the school regarding an incident involving Y.
10. Ms X complained to the Council because she was unhappy with the information included in the report and wanted some of the details changed as she said they were inaccurate. She was also unhappy with some of the school’s actions.
11. Ms X wants us to find the Council at fault for the disclosure and remains unhappy with the school’s handling of the situation. The Ombudsman will not usually investigate a complaint where it is reasonable for the complainant to contact a body who is better placed to deal with it and we cannot investigate what takes place in schools. As the main complaint concerns an alleged data breach, it is open to Ms X to refer this matter to the Information Commissioner’s office.

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Final decision

12. We will not investigate Miss X’s complaint because it would be reasonable for her to refer her complaint to the Information Commissioner’s Office.

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Investigator's decision on behalf of the Ombudsman