Summary: We will not investigate Ms X’s complaint about how the Council handled her Subject Access Request (SAR) or her concerns about her child’s Education, Health and Care Plan (EHCP) provision. The Council has now responded to the SAR, the Information Commissioner’s Office (ICO) has already considered the matter, and further investigation by us would not lead to a different outcome. The issues about EHCP provision have not been through the Council’s complaints process.

The complaint

1. Ms X says the Council delayed responding to her Subject Access Request (SAR), which she needed to progress an Education, Health and Care Plan (EHCP) application for her daughter. She says this caused stress and affected her daughter’s education.

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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 there is another body better placed to consider this complaint and there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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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 has told us it now provided Ms X with a response to her Subject Access Request (SAR).
8. Ms X has already taken her SAR concerns to the Information Commissioner’s Office (ICO), which is the correct body to consider data‑handling matters. As the ICO has closed its case, further investigation by us would not lead to a different or worthwhile outcome. Therefore, we will not investigate this complaint.
9. Ms X also says she cannot progress an Education, Health and Care Plan (EHCP) application for her daughter without certain documents. However, she does not appear to have made a complaint to the Council about any alleged failure in EHCP provision.
10. I have exercised discretion to consider the SAR element of Ms X’s complaint, but I will not investigate the EHCP issues as they have not been through the Council’s complaints process. Ms X should raise these concerns directly with the Council. The Council must be given the opportunity to consider this first.

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Final decision

11. We will not investigate this complaint because the ICO has already considered the SAR issues and further investigation would not achieve a different outcome. The concerns about EHCP provision have not been through the Council’s complaints procedure, and Ms X should first pursue them with the Council.

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Investigator's decision on behalf of the Ombudsman