Summary: Mr X complained about the information recorded by his child’s school and the way his Subject Access Requests were dealt with. We cannot investigate Mr X’s complaint. This is because the matter complained about is not an administrative function of the Council. We cannot consider complaints about schools.

The complaint

1. Mr X complained about the accuracy of the records held by his child’s school. Mr X is also unhappy with the way his Subject Access Requests have been dealt with.

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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 a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
4. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X’s child attends an academy school in a different administrative area. The Council at the heart of this complaint provides a traded service to the academy. This service includes advice on data protection and responses to Subject Access Requests.
7. We cannot therefore investigate Mr X’s complaint. This is because the Council is not carrying out an administrative function under the Local Government Act which is in our jurisdiction. It is instead providing a traded service on behalf of an academy school. We also have no powers to consider complaints about schools.
8. The exceptions at paragraphs 3 and 4 therefore apply. Mr X’s complaint is not one we can consider.

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Final decision

9. We will not investigate Mr X’s complaint. This is because the matter complained about is not an administrative function of the Council and we cannot consider complaints about schools.

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Investigator's decision on behalf of the Ombudsman