Summary: We will not investigate this complaint about the behaviour of a Council employee during a educational needs meeting. There is insufficient injustice and it is unlikely our investigation would achieve a worthwhile outcome. We will not investigate the complaint about how the Council handled the complainants’ data as the Information Commissioner Office is better placed to investigate such matters.

The complaint

1. Mr X complained about the behaviour of an employee of the Council during a meeting about his son’s educational needs. He unhappy with the way the Council dealt with his complaint and handled his family’s data.
2. He says this has delayed his son receiving the support he needs and that it has caused stress which has worsened his family’s health.

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The Ombudsman’s role and powers

3. 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 not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(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 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. The Council had a meeting with Mr X and school to discuss his son’s educational needs. He says during the meeting the Council employee behaved inappropriately. He raised a complaint about the employee’s behaviour. The Council did not uphold the complaint saying there was no evidence to show the employee’s behaviour was unreasonable.
8. Mr X raised further concerns about how the complaint had been dealt with. Including who had been told about the complaint as he was concerned this had led to bias. He was also concerned about how the Council had dealt with his data and the information recorded and disclosed.
9. Mr X feels the Council’s actions have impacted the support he received and affected his son’s health. He also says this has caused stress for him and his wife. He would like the Council to apologise, removed details from its records and to consider the employee’s job role.
10. We will not investigate Mr X’s complaint. We cannot say that inappropriate behaviour in a meeting caused his son to receive less support or caused a decline in anyone’s health. Even if we did investigate, we cannot achieve the outcomes Mr X is looking for. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We cannot control the maintenance of records nor make personnel decisions. Decisions about an individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)
11. We will not investigate complaints about matters related to the Council’s data handling and sharing of information. The Information Commissioners’ Office (ICO) is the UK’s independent regulator for complaints about information rights and data protection. If Mr X considers the Council has breached data protection rules, the ICO is better placed to consider a complaint about this.

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Final decision

12. We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman