Summary: We will not investigate this complaint about the Council’s decision to refer concerns regarding Mrs X’s work with children to the local authority designated officer and the subsequent investigation that took place. This is because the complaint concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate events that took place this long ago.

The complaint

1. Mrs X complains the Council made a referral to the local authority designated officer (LADO) without good reason and this led to an investigation that caused her distress and upset.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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:

• there is not enough evidence of fault to justify investigating or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by Mrs X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In December 2021, the Council referred concerns that had been identified about Mrs X and one of the children she worked with to the LADO.
8. A LADO is the person responsible for managing and overseeing investigations into allegations that somebody who works with children has behaved in a way that may pose a risk to a child or children in their care.
9. The referral led to an investigation which included another council. The Police were also consulted as part of strategy meetings held to discuss the concerns identified. The investigation concluded several months later with an unsubstantiated outcome.
10. Mrs X complained to the Council in July 2022 as she was unhappy with the way the investigation was conducted. She also asked the Council to provide her with all the information it held about her on its files.
11. The Council provided Mrs X with its final stage 2 response in February 2023, stating that the investigation was conducted fairly and was in the best interests of the child involved. The Council agreed to provide Mrs X with the redacted information she requested.
12. Mrs X brought her complaint to the Ombudsman as she remains unhappy with the Council’s actions. The Ombudsman will not usually exercise discretion to investigate complaints which the complainant became aware of more than 12 months before bringing the complaint to us. In this case, the evidence indicates the Ombudsman would be unlikely to find fault with the Council’s actions or achieve the outcome Mrs X is seeking. Therefore, exercising discretion to investigate this matter would not be a good use of resources.

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Final decision

13. We will not investigate Mrs X’s complaint because it concerns events that took place more than 12 months ago and there is no good reason to exercise discretion to investigate them now.

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Investigator's decision on behalf of the Ombudsman