Summary: We will not investigate this complaint about the Council’s decision to refuse to allow Mr X’s child to sit an 11+ examination and about the sharing of data. This is because the issues can be considered by the statutory admissions appeal process and the Information Commissioners Office respectively.

The complaint

1. Mr X complains that his child was unfairly denied the opportunity to sit an 11+ exam. He also complains that his child’s details were shared without consent. Mr X says that the Council’s decision and actions caused the family significant emotional distress and anxiety.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), 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 information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains that the Council unreasonably refused to allow his son to sit its 11+ exam, withdrawing his application on the basis of information obtained from a third party. He says this has prevented his son from being considered for the school of his choice.
7. Mr X says that he cannot appeal the Council's decision because his child has not been denied admission. However, the Council’s admissions arrangements state that the “Admission Authority’s decision can be challenged through the statutory appeal process”. This demonstrates that an appeal right is available. It would be reasonable for Mr X to use it. Where appeal rights exist, the Ombudsman normally expects them to be used, and it would be appropriate to do so in this case.
8. Mr X says that the Council shared his child’s information without consent. This issue was addressed in the Council’s Stage 1 response. Mr X remains unsatisfied with the response. This is a matter Mr X could bring to the attention on the Information Commissioner’s Office (ICO), which is better placed than the Ombudsman to consider it.

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Final decision

9. We will not investigate Mr X’s complaint because he has the right to appeal to the Council’s school admission appeal panel and the ICO is best placed to consider the issue of information sharing.

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Investigator's decision on behalf of the Ombudsman