34. Providing information and decisions to the CQC/Ofsted and others

We cannot generally disclose information obtained in the course of or for the purposes of an investigation, by virtue of s32(2) and s34K of the 1974 Act, unless it is for the purposes of an investigation or the complaint is being investigated jointly with PHSO (i.e. PHSO is not treated as a third party in these circumstances), and in limited other circumstances. In particular, we have information sharing agreements with the CQC and Ofsted.

We share information with the CQC where we determine there has been a potential breach of a Fundamental Standard. In these cases the Investigator should state within the decision that we have notified CQC. The Investigator should share the final decision with CQC using the letter available in ECHO (CQC letter). ‘Appendix 3 – Ombudsman Alerts to CQC’ of the CQC/LGSCO Information Sharing Agreement sets out more about sharing decisions. Once the decision has been shared, the Investigator should click CQC in the decision screen to record that they have been notified.

Any upheld complaint (including fault but no injustice) about children services or education (with the exception of admission appeals or non SEN home-toschool transport) should be referred to Ofsted. There is a procedure for doing this. 

We may be asked by the Police or other public bodies to share information, for example as part of a related investigation or an inquiry that they are conducting. Investigators should refer to the Casework Guidance Statement on information requests from third parties.