Summary: We will not investigate this complaint about records held by the Council relating to the complainant’s child. An investigation by the Ombudsman would not add anything to the Council’s response or achieve a different outcome.

The complaint

1. The complainant, Ms X, complained the Council told her it only had one document on record about her child who has an Education, Health and Care Plan (EHC Plan). Ms X says this meant she had to resubmit paperwork and caused anxiety and worry.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or

3. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We normally expect someone to refer the matter to the Information Commissioner’s Office (ICO) if they have a complaint about data protection. This includes councils holding or deleting information in error. 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. Ms X complained to the Council as her child’s caseworker had said the Council only had a single document on file for her child, who has an EHC Plan. Ms X asked the Council to investigate. Ms X sent the Council copies of documents.
8. In response to Ms X’s complaint the Council explained that when it first issued Ms X’s child with an EHC Plan, it held electronic and paper records for each child. This was why there were limited electronic records. The paper file had been archived and would be retained in line with Department for Education guidelines. It was sorry the Council had not clearly explained this. It had added the documents Ms X sent to her child’s electronic file.
9. While I understand Ms X’s concerns, we will not start an investigation. This is because the Council has now explained the position. If we investigated, it is unlikely we would add anything to its response or achieve a different outcome. An investigation is not therefore warranted.
10. If Ms X believes the Council has failed in its duties as a data controller, she should contact the ICO. As the body set up by Parliament to consider such matters, it is better placed than the Ombudsman to take a view on the Council’s position.

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Final decision

11. We will not investigate Ms X’s complaint because it is unlikely an investigation would add anything to the response she has already received or achieve a different outcome.

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Investigator's decision on behalf of the Ombudsman