Summary: We will not investigate this complaint about the disclosure of personal information contained within an education, health and care plan because it is better placed with the Information Commissioner’s Office.

The complaint

1. Miss X complains the Council inappropriately shared personal and sensitive information that was included in her child’s education, health and care (EHC) Plan. She says it has posed a safeguarding risk and caused avoidable distress to her and her family.

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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 ‘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 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. Miss X says her child’s EHC Plan contains information relating to her family that was shared inappropriately.
8. As outlined in paragraph 4, we would expect someone to refer to the Information Commissioner’s Office (ICO) if they have concerns about data protection and data rights. The ICO was set up by Parliament to consider those types of concerns. Therefore, we will not investigate Miss X’s complaint.

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Final decision

9. We will not investigate Miss X’s complaint because the ICO is better placed to consider it.

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Investigator's decision on behalf of the Ombudsman