Summary: We will not investigate Ms X’s complaint that software used by the Council does not meet standards for data protection. There is another body better placed to consider her concerns.

The complaint

1. Ms X is concerned for the safety and privacy of vulnerable children whose data she believes is being processed without adequate safeguards by the Council’s use of education software. She complained to the Council about its procurement and use of the software in question. She is unhappy with the Council’s response.

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The Ombudsman’s role and powers

2. 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 the complaint. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I have carefully considered everything Ms X said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Ms X.
6. Ms X complains that software used by the Council does not meet adequate standards for data protection. The Information Commissioner’s Office (ICO) considers complaints about data protection. There is information on the ICO website for people wishing to report concerns.
7. We will not investigate Ms X’s complaint because there is another body better placed to consider the complaint.

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Final decision

8. We will not investigate Ms X’s complaint because there is another body better placed to consider her concerns.

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Investigator's decision on behalf of the Ombudsman