Summary: We will not investigate part of Mrs X’s complaint about its obligations under the Equality Act 2010 because the injustice claimed is not significant enough to warrant an investigation. We will not investigate another part of the complaint because the Information Commissioner’s Office is better suited to consider the matter. We cannot investigate the final part because it relates to the day-to-day operation of a school, which is outside our jurisdiction.

The complaint

1. Mrs X complained the Council:
• discriminated against her religious beliefs;
• disclosed information to her child’s school she provided in confidence; and
• failed to address her concerns about “pride” lanyards being used in her child’s school.
2. Mrs X said the matter caused her distress.

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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
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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)
5. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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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

Equality Act 2010

8. We will not investigate Mrs X’s complaint that the Council failed to have due regard for her religious beliefs during a call with its services. Mrs X said a Council officer expressed they were “uncomfortable” with her views about LGBTQ+ people. Mrs X said the matters she raised related to her religious beliefs.
9. The Equality Act 2010 lists several protected characteristics. These include Mrs X’s right to her religious beliefs. It also protects others from discrimination based on sexual orientation and gender reassignment.
10. The Ombudsman cannot say whether a Council has breached the Act or discriminated against an individual. We can only consider whether a Council has had “due regard” for a person’s rights under the Act.
11. In its complaint response, the Council said the officer did express discomfort about some of the things Mrs X said, but explained this did not affect the service provided and Mrs X was still able to access support.
12. Because Mrs X was able to access the service any injustice Mrs X claims to have experienced due to an officer describing their discomfort is not significant enough to warrant an investigation by the Ombudsman, and we will not investigate this complaint.

Disclosure of information to Y’s school

13. We will not investigate Mrs X’s complaint that the Council shared information about her with her child’s school.
14. This is because the matter relates to data protection and information processing. If Mrs X is concerned the Council mishandled her personal information, the Information Commissioner’s Office (ICO) is better suited to consider such a complaint. I have seen no good reason the Ombudsman should investigate instead of the ICO. Therefore, we will not investigate this complaint.

School lanyards

15. We cannot investigate Mrs X’s complaint about staff at her child’s school wearing an “LGBTQ+” lanyard. This is because it relates to the day-to-day operation of the school and the law says the Ombudsman cannot investigate.

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Final decision

16. We will not investigate part of Mrs X’s complaint because the injustice claimed is not significant enough to warrant an investigation. We will not investigate another part because Mrs X can take the matter to another body. We cannot investigate the final part because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman