Summary: Mr X says the Council is using exemptions under information rights laws to prevent public scrutiny in the complaints process. We will not investigate this complaint. This is because the Information Commissioner is best placed to investigate. Further, there is no fault in the Council not considering Mr X’s matters via its complaints process.

The complaint

1. In summary, Mr X says the Council is improperly relying on exemptions under information rights laws to avoid scrutiny via its complaints process.
2. While Mr X accepts this would usually be a matter for the Information Commissioner (ICO), he considers the ensuing lack of transparency and public accountability places it within the Ombudsman’s remit.

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The Ombudsman’s role and powers

3. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is another body better placed to consider this complaint.

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint was triggered by concerns and queries about what was written in his child’s records. The Council has refused to release aspects of those records to Mr X and/ or answer his detailed queries. We will not investigate as the Information Commissioner is the most suitable body to consider if the Council use of exemptions is appropriate.
8. Mr X’s complaint is not one for the complaints process as it is a matter for the ICO. So there is no fault by the Council in not placing Mr X’s concerns through its complaints procedure.

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Final decision

9. We will not investigate Mr X’s complaint because the Information Commissioner is best placed to consider. And there is no fault by the Council not considering via its complaints procedure.

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Investigator's decision on behalf of the Ombudsman