Summary: We will not investigate this complaint about education matters concerning Mrs X’s adult child, Mr Y. We lack his consent to do so and there is thus no worthwhile outcome achievable by investigating.

The complaint

1. Mrs X said the Council failed to communicate with her regarding her adult child, Mr Y’s education when he was in care. She said she was denied meetings and inaccurate information was left on a formal document.

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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:

• 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))

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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. Mr Y is now an adult. He has declined to consent to Mrs X having any involvement with his education and I have seen no evidence he lacks mental capacity to give or withhold it. That the matters complained of relate to a time when he was a child does not affect that. Any recommendations we could make as a result of investigating would relate solely to the education provided to Mr Y, for which we would lack his consent.
6. The Information Commissioner’s Office (ICO) would also be better placed than us to consider any matter involving data referring to Mrs X. This is because it has powers to require rectification and to impose penalties that we lack.

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Final decision

7. We will not investigate Mrs X’s complaint because:

• There is no worthwhile outcome achievable by investigation; and
• There is another body better placed to consider the data element of the complaint.

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Investigator's decision on behalf of the Ombudsman