Summary: On the evidence currently available, we will not investigate Mrs X’s complaint about the Council’s school admissions team failing to update its records and about an alleged breach of data protection. This is because Mrs X can appeal to an Independent Appeal Panel and it would be reasonable for her to use her right of appeal. Mrs X can also contact the Information Commissioner’s Office about the alleged breach of data protection as it is a better suited body to consider her issue.

The complaint

1. Mrs X complains the Council’s school admissions team failed to update its records that her daughter had changed school due to issues of bullying. She says this resulted in her daughter taking the 11+ assessment with children from her previous school which caused her distress, affected her results and may prevent her getting a place at her preferred school. Mrs X also complains of a breach of data protection as the Council’s school admissions team sent her daughter’s results to the previous school. Mrs X would like her daughter to resit the assessment and would like to be compensated for the breach of data protection.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• there is another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal.

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

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 the information Mrs X provided with her complaint. I also considered the information the Council provided. Mrs X had the opportunity to comment on the draft version of this decision.

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What I found

5. Mrs X says her daughter changed school in September 2020 due to issues of bullying at her previous school. She told the Council’s school admissions team of this change via e-mail in August 2020.
6. In October 2020, Mrs X discovered her daughter was going to sit the 11+ assessment with children from her previous school. Mrs X says she e-mailed the Council’s school admissions team and told it her daughter no longer attended that school. Mrs X says she also informed the team on the day of the assessment but felt it was dismissed.
7. Mrs X’s daughter took the assessment with children from her previous school. Her daughter’s ID form packet was labelled with her current school however the register had details of her previous school. The Council said the assessment supervisors did not cross reference the name of the school on the ID form packet with the name of the school on the register. It added that going forward, it will review its procedure to cross reference for changes at the point of registration.
8. The Council’s school admissions team sent Mrs X’s daughter’s results to the previous school. Mrs X says this is a breach of data protection. The Council said it was not aware Mrs X’s daughter had changed school at the time of the results being issued. The Council continued that it was a simple error and would not reach the threshold for reporting it as a breach of data protection. The Council has updated Mrs X’s daughter’s school records to reflect her current school and has said no further information will be sent to her previous school. The school admissions team has apologised for the concern or distress this may have caused.
9. Mrs X says her daughter was upset sitting the assessment with children from her previous school who bullied her and she says it affected her results. Mrs X wants her daughter to have the opportunity to resit the assessment or if this is not possible due to COVID-19, have a teacher’s assessment instead.
10. The Council said it is not possible for Mrs X’s daughter to resit the exam however Mrs X does have the right to appeal to an Independent Appeal Panel for a place at any school after the 1 March 2021.

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Analysis

11. Mrs X can appeal to an Independent Appeal Panel if her daughter does not get her preferred choice of school. The appeal will provide Mrs X the opportunity to give reasons why she would like her daughter to attend her preferred choice of school and any reasons why her daughter may not have performed well in the selective assessment. It is reasonable to expect Mrs X to use her right of appeal.
12. If Mrs X is not satisfied with the Council’s response regarding the alleged breach of data protection, she can contact the Information Commissioner’s Office (ICO). The ICO can specifically deal with complaints about personal data breaches therefore, it is the best placed body to consider this matter.

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Final decision

13. We will not investigate this complaint. This is because Mrs X can appeal to a Schools Admissions Independent Appeal Panel if her daughter does not get her preferred choice of school. It is reasonable for Mrs X to use her right of appeal. Mrs X can also contact the ICO if she is not satisfied with the Council’s response about the alleged breach of data protection.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman