Summary: We will not investigate this complaint that the Council’s responses to a data breach and Subject Access Requests have been flawed. This is because another body is better placed than the Ombudsman to consider data protection matters. We will not consider the complaint that the Council’s treatment of the complainant’s family amounts to harassment because it has not completed the Council’s complaint procedure and is therefore premature.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council’s treatment of her family regarding her children’s education amounts to harassment. She further complains that its responses to a data breach and Subject Access Requests (SARs) have been flawed.

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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 matter. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s children are educated otherwise than at school. Mrs X contends that the Council’s engagement with her family regarding the children’s education amounts to harassment and bullying. She says it has issued unlawful notices and has acted outside its powers.
7. Mrs X also complains that the Council has failed to respond reasonably to a data breach and that its responses to the SARs she has made have been flawed.
8. The Ombudsman will not investigate Mrs X’s complaint. Matters relating to the data breach and the SARs are for the Information Commissioner’s Office, which is the appropriate body to consider such matters and is better placed than the Ombudsman to do so. The correspondence demonstrates that Mrs X has been made aware of her right to go to the Information Commissioner. There is no role for us.
9. Turning to the allegation of harassment, the correspondence shows that this matter formed part of the complaint Mrs X made to the Council, the terms of reference for which were agreed in March 2024. However, Mrs X subsequently asked for the complaint to be put on hold, which the Council did. It has not therefore completed the Council’s complaint procedure. Until it does, it does not fall to the Ombudsman to consider and we will not do so.

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Final decision

10. We will not investigate Mrs X’s complaint because it concerns data protection matters, which the Information Commissioner’s Office is better placed to consider. Her complaint about alleged harassment is premature.

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Investigator's decision on behalf of the Ombudsman