Summary: We will not investigate this complaint about the accuracy of the Council records database. The Council has already offered a reasonable remedy, and the Information Commissioner is better placed than us to consider issues of data breaches and data storage.

The complaint

1. Mrs X complained the Council did not have an accurate recording system for the information in her son’s Education, Health and Care (EHC) plan. She also complained the Council breached her data by telling an education provider that she might be entitled to free school meals.
2. She says this led to her receiving unnecessary and stressful contact from the Council to confirm information with her.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
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:

• any injustice is not significant enough to justify our involvement,
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We will not investigate Mrs X’s complaint about the database. We could not add anything further to the Council’s investigation. It accepted it had introduced a database which caused difficulties for staff accessing information. It has provided staff with further training, and any remaining injustice would not be sufficient to warrant further investigation.
9. We will not investigate Mrs X’s complaint about the data breach. The Information Commissioner is better placed than us to consider how the Council discloses personal information. This is because it has powers to take action including requiring changes in data keeping and disclosure.

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Final decision

10. We will not investigate Mrs X’s complaint because the complaint has already been resolved by the Council and another body is better placed to investigate complaints relating to data breaches.

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Investigator's decision on behalf of the Ombudsman