The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s Local Authority Designated Officer. We cannot achieve the outcome Mr X wants.
The complaint
Mr X complained the Council’s Local Authority Designated Officer (LADO) accepted a flawed investigation from his previous employer. He said that resulted in him losing his job. He wants the Council to overturn the results of the 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: further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We will not investigate Mr X’s complaint that the Council’s LADO accepted a flawed investigation by his employer. The role of the LADO is to provide advice and guidance to employers and voluntary organisations where there have been allegations made about a staff member or volunteer. The Council confirmed it followed the correct procedures in doing this.
The LADO is not responsible for carrying out investigations into any allegations; this is the responsibility of the employer. If Mr X believes his employers investigation was flawed, he would need to raise his concerns with them. Neither the LADO, nor the Ombudsman could overturn the outcome of that investigation. Nor can we, or the Council direct his employer to reinstate his position. Therefore, we cannot achieve the outcome Mr X wants.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he wants.
Investigator's decision on behalf of the Ombudsman