Summary: We will not investigate Ms X’s complaint about poor communication by the Council’s Special Education Needs team and a potential data breach. This is because the Council has already apologised to her for the delay responding to her contact and amended its records as requested, which is an appropriate remedy for the injustice caused. Any complaint about a potential data breach is a matter for the Information Commissioner’s Office.

The complaint

1. Ms X complained the Council included incorrect personal information in her child, Y’s, Education, Health and Care Plan and then failed to respond when she asked them to correct this. She says this caused distress and is concerned the error may have led to a breach of their personal data.

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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 an investigation if we decide:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its complaint response, the Council apologised to Ms X for the poor communication. It said it had now updated its records as requested.
6. We will not investigate this complaint. The apology provided by the Council is an appropriate remedy for any injustice caused and it has already acted to amend its records. Further investigation by us would not lead to a different outcome.
7. The Information Commissioner’s Office (ICO) is the UK’s independent data protection regulator and is best placed to respond to a complaint about a potential data breach. As such, we will not investigate this.

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Final decision

8. We will not investigate Ms X’s complaint because the Council has already acted to remedy the injustice caused and any complaint about data protection is best considered by the Information Commisioner’s Office.

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Investigator's decision on behalf of the Ombudsman