Summary: Mr X complained about the way the Local Authority Designated Officer considered an allegation against him. We will not investigate this complaint because there are ongoing investigations into Mr X’s conduct.

The complaint

1. Mr X complains the Local Authority Designated Officer (LADO) upheld an allegation against him, despite evidence this should not have been done. Mr X says this prevents him from seeking a new job and has caused him stress, depression and anxiety. Mr X would like the allegation removed from his record.

Back to top

The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended).

Back to top

How I considered this complaint

3. I spoke with Mr X’s representative and considered information provided by them and the Council.
4. I considered the Ombudsman’s assessment code.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

My Assessment

6. We will discontinue the investigation into Mr X’s complaint. The reasons for this are below.
7. Mr X complains the LADO upheld a safeguarding allegation against him. He provided a copy of the decision from an internal appeal which showed his employer’s investigation was flawed. Mr X said the LADO had not considered the findings of this decision when deciding to uphold the allegation against him.
8. During the investigation, the Council advised the Ombudsman that Mr X is subject to ongoing LADO and police investigations.
9. The outcomes of these investigations may affect our consideration of Mr X’s complaint.
10. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. Therefore, this complaint will be discontinued.
11. If Mr X remains unhappy with the Council’s actions after the conclusion of the ongoing investigations, he should complain to the Council directly. After he has received the council’s final response he can, if he wishes, approach us again. We will then decide whether to investigate his complaint.

Back to top

Final decision

12. We will not investigate this complaint about the way the Local Authority Designated Officer considered allegations about Mr X. This is because there are ongoing investigations.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman