Also, the Council is not responsible for the actions of the complainant’s employer, which made the original referral to the LADO .
The complaint
The complainant, Mrs X, complained about the way the Council dealt with safeguarding allegations against her made by her former employer. Mrs X says the LADO made decisions based on misleading and inaccurate information. Mrs X says she had to resign from her job and has since struggled to find work. Mrs X is unhappy with the way her employer investigated the allegations against her. She wants the LADO’s decision changed and an apology.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or any fault has not caused injustice to the person who complained, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6)) We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s Local Authority Designated Officer (LADO) oversees and manages the investigation of allegations against people working with children. They also provide advice and guidance to employers and voluntary agencies about handling such allegations. Ultimately, it is the employer or voluntary organisation which determines the outcome of the investigation.
The Council received a safeguarding referral from Mrs X’s employer in June 2021. The LADO considered the allegation and decided Mrs X’s employer should investigate. Mrs X says her employer provided the LADO with misleading information. She is unhappy with the way her employer investigated the allegations. Mrs X says she was forced to resign from her job and has struggled to find work.
We will not start an investigation into Mrs X’s complaint.
The LADO had a duty to consider the safeguarding referral and decided her employer should investigate. This is a decision the LADO was entitled to take. It was the role of the LADO to provide advice to Mrs X’s employer, which it did. The LADO’s decision was one of professional judgment based on the evidence available to them at the time. There is not enough evidence of fault for us to investigate.
Mrs X resigned from her post and any difficulties in failing to secure employment are not because of the LADO. They flow from the actions of her former employer. Even if the LADO had not been involved, her employer would have investigated the allegations against Mrs X.
If Mrs X believes her former employer provided the LADO with misleading information, then she needs to pursue this with her former employer. We have no powers to consider their actions, and this includes their investigation into the allegations against Mrs X. We cannot hold the Council responsible for the actions of Mrs X’s employer.
Final decision
We will not investigate Mrs X’s complaint. There is not enough evidence of fault by the Council, and we cannot investigate the actions of her employer.
Investigator's decision on behalf of the Ombudsman