The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about how a school handled an allegation. This is because we have no powers to investigate complaints about the school’s actions in relation to this matter. We will not investigate Ms X’s complaint about the Local Authority Designated Officer process. This is because it has not yet been addressed through the Council’s complaints procedure.
The complaint
Ms X complains about how the school handled an allegation and about the Local Authority Designated Officer (LADO) process.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
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 complained to the Council about how a school handled a safeguarding allegation and concerns about safeguarding practices at the school.
Ms X then complained to the Ombudsman that she did not have opportunity to give evidence to the LADO and the LADO accepted a referral without asking for further scrutiny or clarification.
I cannot investigate the issues Ms X raised with the Council. The Ombudsman has no power to investigate the school’s actions.
Ms X’s complaint about how the LADO oversaw the investigation into the allegation is premature. This is because the Council has not yet had the chance to investigate through its complaints procedure. Ms X can ask the Ombudsman to consider this matter once she shas completed the Council’s complaints procedure.
Final decision
We will not investigate Ms X’s complaint because we have no power to investigate the actions of the school and the Council have not had opportunity to consider how the LADO process was managed.
Investigator's decision on behalf of the Ombudsman