Summary: We will not investigate this complaint about the Council’s safeguarding officer not investigating a matter after Ms X said a school and a teaching agency had withheld information. The role of the safeguarding officer did not extend to investigating the school’s own investigation of what was alleged. We cannot investigate the substantive actions of the school and the teaching agency.

The complaint

1. Ms X said the Council’s safeguarding officer (LADO) failed to investigate properly or to re-consider a matter after she said a teaching agency and a school had withheld information.

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The Ombudsman’s role and powers

2. 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.(Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

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

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My assessment

6. Where a safeguarding allegation is made involving a school, the role of a LADO is limited. The investigation into what happened is a matter for the school, but the LADO must decide if an allegation is substantiated or not. In this case, the LADO found pupil accounts of what happened in a classroom were contradictory and the allegation against Ms X was unsubstantiated. Ms X’s own account of what happened was that there had been disciplinary issues with some pupils.
7. Ms X said the school and a teaching agency withheld information. However, the LADO’s role was limited to deciding whether the allegation was substantiated. Having found it was not substantiated, the LADO had no duty to investigate whether the school had withheld evidence. The LADO was also not responsible for Ms X being unable to work during the time taken after the school made the safeguarding referral.

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Final decision

8. We will not investigate Ms X’s complaint because:

• There is not enough evidence of fault by the Council in its limited role to warrant our involvement; and
• The substantive matters of the complaint relate to the actions of a school and a teaching agency, which we are legally prevented from investigating.

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Investigator's decision on behalf of the Ombudsman