The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about a substantiated outcome being recorded on his file following a LADO process. This is because it is unlikely an investigation could add to the response already provided by the Council’s investigation and we cannot achieve the outcome Mr X seeks.
The complaint
The complainant, whom I shall call Mr X, complains about a substantiated finding being recorded on his file following a LADO (Local Authority Designated Officer) safeguarding process. He would like it removed from his file.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide: we could not add to any previous investigation by the organisation, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about a substantiated finding on his file following a LADO process. Mr X asked it to remove this from his file. He says the investigation was done without the full information and no formal investigation was carried out.
The Council explained the LADO was not responsible for investigating the concerns raised by Mr X’s employer and a complaint about the outcome should be directed to his employer. It did not agree to Mr X’s request to remove the outcome recorded on the file. However, it agreed and actioned his request to place a statement on the file setting out his dissatisfaction with the outcome and giving his reasons why.
Final decision
We will not investigate Mr X’s complaint. This is because it is unlikely an investigation by this office could add to the response already provided via the Council’s consideration of the matter and secondly, the outcome Mr X seeks is not achievable by an investigation. In cases such as this, we may ask a council to allow a complainant to add a note to the file setting out their own view on the matter. This has already been agreed and achieved. There is nothing further we could add or recommend. As such, there is no worthwhile outcome achievable by investigating this matter.
Investigator's decision on behalf of the Ombudsman