Summary: We will not investigate this complaint about the Council’s conduct when it investigated non-attendance at school. There is not enough evidence of fault to justify our involvement.

The complaint

1. Miss X complained about the Council’s conduct when it investigated her child’s, (Y), school attendance. She was unhappy about how the Council treated her.
2. Miss X said the Council failed to consider her complaint properly. She said the response was inaccurate and the Council had changed information on Y’s records. She said the council had called her a liar. Miss X said the Council’s actions have left her feeling stressed and upset. She wants the Council to apologise and to provide compensation for how she has been treated.

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The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• there is another body better placed to consider this complaint.

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

4. 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

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

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My assessment

7. We will not investigate Miss X’s complaint. In the Council’s complaint response it said an Education Welfare Officer (EWO) had visited her following a request from Y’s school. They checked the Council’s social care records. The EWO described the meeting as positive. They sent Miss X a letter providing a summary of an attendance panel. It said there was no evidence of unprofessionalism towards Miss X.
8. As we were not present at the meeting between the EWO and Miss X we could not comment on what was said. Therefore, there is nothing worthwhile to be achieved by investigating. Additionally, there is not enough evidence of fault in the steps the Council has taken to investigate the non-attendance, including accessing the social care records.
9. The Council has explained an Officer did not respond to two emails as they were out of the office. There is nothing to suggest that caused Miss X a significant injustice.
10. Miss X states the Council has falsified Y’s records. She has also said it breached data protection. Complaints about data protection are rectification of records are best dealt with by the Information Commissioner’s Officer.

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Final decision

11. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman