Summary: We will not investigate this complaint that the Council’s LADO failed to act on the complainants concerns that medical staff made a malicious referral against her. This is because the issue happened too long ago and I see no good reason to exercise discretion and investigate it now.

The complaint

1. The complainant, who I will call Ms X, complains about how the Council’s Local Authority Designated Officer (LADO) dealt with matters relating to a referral made about Ms X in 2021. Ms X says the referral was malicious and that the LADO should have referred those who made it to their regulatory bodies.

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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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X was subject to child protection action after the Council received a referral from medical staff which raised concerns about the care of Ms X’s daughter. The Council’s children’s services originally referred the matter to the LADO, because it concluded that Ms X may work with children due to her profession. The child protection case was closed in late 2021 and the LADO also closed their case around the same time.
7. Ms X asked the LADO to investigate the medical staff who made the referral to the Council which Ms X feels was malicious, but in early December 2021 the LADO said it would not be taking any action.
8. In December 2021, Ms X complained to the Council about the Council’s actions in relation to how it dealt with its child protection investigation. The Ombudsman subsequently investigated Ms X’s complaint about these matters.
9. I will not investigate Ms X’s complaint. This is because the complaint is made late, and I see no good reason to exercise discretion and investigate it now. The LADO informed Ms X that it would not be taking any action in early December. I see no reason why Ms X could not have complained to the Council about this decision sooner. She could have raised this as part of her complaint that was subsequently investigated by the Ombudsman or as a new complaint at the time. We will not investigate the matter some 19 months later.

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Final decision

10. We will not investigate Ms X’s complaint because it is made late, and I see no good reason to exercise discretion and investigate it now.

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Investigator's decision on behalf of the Ombudsman