The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s delay in a safeguarding investigation. It is reasonable to expect her to accept the Council’s offer to investigate now.
The complaint
The complainant, whom I shall call Ms X, says the Council has delayed in carrying out a LADO investigation.
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 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 it would be reasonable for the person to ask for a council review or appeal (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that an allegation was made against her to children services in February 2020. She says the Council told her it would conduct a safeguarding investigation. As she was a foster carer this would be coordinated by the LADO.
The investigation has not happened. Ms X has provided reasons why she has not continually chased it since February 2020. In addition, she says its wrong that the Council’s records show this investigation is pending.
The Council told Ms X in July 2022 that it would now undertake the investigation if she wants. It is reasonable to expect her to accept this offer. We cannot assess the full extent of any injustice to her caused by the Council’s delay until that investigation is completed.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to take up the Council’s offer to now carry out the investigation.
Investigator's decision on behalf of the Ombudsman