Summary: We will not investigate Mr X’s complaint about the Council’s sharing of information about a school admissions appeal. This is because Mr X’s complaint flows from an appeal for a place at an academy school and we have no powers to consider such complaints.

The complaint

1. The complainant, whom I shall refer to as Mr X, complained the Council failed to provide information about an appeal for a school place lodged by the mother of his child.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as Academies and Free Schools. (Local Government Act 1974, sections 25 and 34(1), as amended)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. 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 this complaint, or
• there is no worthwhile outcome achievable by our investigation.

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

6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We will not start an investigation into Mr X’s complaint.
10. This case flows directly from an appeal for an academy school. We have no powers to consider complaints about admissions to academies or any directly related matters. Any actions of the Council were as an agent of an academy school and are therefore outside our jurisdiction.
11. Even if we could separate out the Council’s actions, there is no worthwhile outcome we could achieve for Mr X. The appeal has taken place, and Mr X knows the result. If Mr X believes the Council has denied him information he is entitled to, then he could contact the Information Commissioner. It is the expert body set up by Parliament to consider data protection issues and has far wider powers than the Ombudsman to consider and decide such matters.

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Final decision

12. We will not investigate Mr X’s complaint because it flows from an appeal for an academy school and we have no powers to consider such complaints.

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Investigator's decision on behalf of the Ombudsman