Summary: We will not investigate this complaint about how the Council’s LADO dealt with a complaint about Mr X. There is no evidence of fault.

The complaint

1. In summary Mr X complains about the actions of the Council’s LADO (Local Authority Designated Officer).
2. He says the LADO provided inaccurate information to his employer. He says this resulted in his employer asking him to resign. Mr X would like an apology from the LADO and his employer.

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The Ombudsman’s role and powers

3. 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 no evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))

4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered information provided by the Council. (I asked the Council for its response to the complaint. It sent me an email exchange sent to Mr X’s union representative).
7. I considered the Ombudsman’s Assessment Code.

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My assessment

Allegations against people who work with children

8. Government guidance says councils should designate a particular officer, or team of officers, “to be involved in the management and oversight of allegations against people who work with children.” (Working together to safeguard children, Department for Education 2018, Chapter 2, paragraph 5) The officer is known as the LADO.
9. The Ombudsman’s role here is restricted to considering the LADO’s role in co ordinating the investigation within their remit.
10. Mr X says accurate information was not presented by the LADO at the meetings organised by the LADO. He says this information would have shown the Police found no evidence to substantiate the allegations made against him.
11. The Council says it was advised by the Police there would be no further action because of ‘evidential difficulties’. It also says schools adhering to ‘Keeping Children Safe in Education Guidance’ are entitled to escalate matters using ‘the lower probability threshold’. And this is what happened in Mr X’s case.
12. The Ombudsman cannot investigate the allegations made against Mr X as that was his employer’s role. And the Ombudsman cannot investigate complaints about the actions of the employer.
13. We will not investigate this complaint as there is no evidence of fault by the LADO. This was a multi-agency meeting involving external bodies, such as the Police, outside the Ombudsman’s jurisdiction, taking decisions about matters then shared with Mr X’s employer. Mr X’s injustice was not due to the actions of the LADO.

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Final decision

14. I will not investigate Mr X’s complaint because there is no evidence of fault.

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Investigator's decision on behalf of the Ombudsman