Summary: We will not investigate this complaint about how the Council dealt with a safeguarding concern regarding the complainant. This is because there is insufficient evidence of fault and we investigation would not lead to a different outcome.

The complaint

1. Miss X complains about how the Council has dealt with a safeguarding concern about Mrs X that was highlighted as part of a wider enquiry. Miss X says the Council’s actions have led to her losing her job, impacting on her gaining further employment and has impacted her studies.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended
3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. An independent Local Authority Designated Officer (LADO), commissioned by the Council is working with other agencies to investigate historic abuse and other safeguarding concerns. As part of the investigation, an allegation was made regarding an incident that Miss X was alleged to have been involved in.
7. After considering information available to the LADO, it was concluded that was alleged to have happened did happen or was likely to have happened and that this placed a child at harm. The allegation was therefore substantiated.
8. Social Workers have visited Miss X to discuss her concerns and a follow up letter was sent to Miss X which further explains the reasons for substantiating the allegations. The LADO also carried out a search for information that may support Miss X’s claim that she wasn’t involved in the incident. Miss X has been given the opportunity to provide any evidence that she has which may impact the decision to substantiate the allegation and she has been offered support which she declined.
9. I will not investigate this complaint. The decision to substantiate the allegation against Miss X was one the LADO was entitled to make. It has considered relevant information, double checked that information and given Miss X the opportunity to provide information. There is insufficient evidence of fault with how the LADO reached its decision and therefore we are unable to question the merits of that decision.
10. Further investigation would also not lead to a different outcome. We cannot reverse the LADOs decision to substantiate the allegations and we cannot recommend that the Council provides any additional information to Miss X, other than it has already provided. This is because there is an ongoing police investigation, meaning that information is confidential.

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Final decision

11. We will not investigate Miss X’s complaint because there is insufficient evidence of fault and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman