Summary: We will not investigate this complaint that the Council’s Local Authority Designated Officer did not respond to allegations made against Mrs X within a timely manner. This is because an investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council’s Local Authority Designated Officer (LADO) behaved unprofessionally and did not respond to allegations made against her within a timely manner.

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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:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• 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

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

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My assessment

5. An allegation was made against Mrs X which required a Police investigation. Mrs X says when the LADO contacted her to make her aware of the allegations and the investigation, they did so without empathy. She complained about this to the Council as well as the fact that an allegations meeting took place over a week after the allegation was made. She was also unhappy her employment was suspended whilst the investigation was ongoing.
6. The Council explained the LADO did not intend to upset Mrs X and conceded it did not hold the allegations meeting within required timescales but the meeting took place a few days later. The Council confirmed the decision to suspend Mrs X’s employment was taken by her employer. Mrs X brought the complaint to the Ombudsman because she was unhappy with the Council’s response.
7. The Ombudsman will not investigate a complaint unless it is likely to make a significant difference. The evidence shows there was some slight delay in holding the allegations meeting however there is no evidence this caused Mrs X a significant injustice. All other aspects of the investigation were managed by the LADO in the manner we would expect. An investigation into this matter would therefore be unlikely to result in a different outcome for Mrs X.

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Final decision

8. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman