Summary: We will not investigate this complaint about the conduct of a council legal officer in her role as Single Point of Contact (SPOC) for the complainant with his child’s school, and the way in which the Council has handled complaints about the matter. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The substantive issue is out of our jurisdiction because it relates to someone carrying out a function on behalf of the governors and headteacher of a school. The Council’s actions in response to the complaints about the officer are also out of jurisdiction because they are in connection with something that is itself out of jurisdiction. Additionally allegations about breaches of GDPR should be made to the Information Commissioner’s Office.

The complaint

1. The complainant, who I refer to here as Mr Q, complains about:
• The conduct of a Council legal officer in her role as SPOC for him in relation to his contact with his child’s school;
• Alleged breaches of GDPR; and
• The way in which the Council has handled his complaints about these issues.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. 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

6. I considered information provided by Mr Q.
7. I considered the Ombudsman’s Assessment Code.

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Final decision

8. I will not investigate this complaint because it is out of our jurisdiction. It concerns the actions of someone carrying out a role on behalf of the management of a school, and the Council’s actions regarding a matter which is itself out of our jurisdiction.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman