Summary: We will not investigate this complaint about how a safeguarding concern was dealt with. This is because there is not enough evidence of fault causing a significant injustice to justify our involvement. The Information Commissioner is better placed to consider the complaints concerns about data protection matters.

The complaint

1. Ms X complains about how the Council’s Local Authority Designated Officer (LADO) dealt with a safeguarding concern raised about her in 2009. Ms X says she was not informed of the allegation at the time and that the allegation was substantiated without all relevant facts being considered. Miss X wants the investigation to be revisited and the outcome changed. Mrs X wants records held by the Council changed and redacted information provided to her in response to her subject access request to be disclosed to her.

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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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), 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. The role of the LADO is to manage and oversight of allegations against people who work with children. They are not responsible for undertaking investigations. They can provide advice and guidance to employers and other organisations.
7. In 2009, the Council’s LADO received a safeguarding concern about Ms X who worked with children. Ms X says she was not informed about this until recently. She raised a complaint with the Council who carried out a review of its involvement and concluded that policies had been followed. The Council also responded to a subject access request Ms X had submitted.  
8. Records show that upon receipt of the allegation, the Council’s LADO held a multi-agency meeting where the allegations were discussed in detail. The LADO followed up actions with the police and Ms X’s employer.
9. During a follow up meeting the allegations were further discussed and it was agreed that the threshold of harm or risk of harm had been met and therefore the allegation was substantiated. Records show the LADO was in regular contact with the police regarding its investigation and with the employer about a possible disciplinary investigation and referral to Ms X’s professional body.
10. I will not investigate Ms X’s complaint because there is insufficient evidence of fault which has caused Ms X a significant injustice. The evidence shows that the LADO had oversight of the process and provided guidance and advice to Ms X’s employer and the police.
11. There is no evidence that a final meeting was convened. However, I do not consider that this caused Ms X an injustice. The purpose of final meeting is to ensure all tasks are completed and to identify lessons learnt. At this stage the allegation had been substantiated, all actions had been completed and the police and Ms X’s employer had ended their involvement.
12. I will not investigate Ms X’s complaint that the Council has failed to rectify records or how it responded to her subject access request. The Information Commissioner’s Office (ICO) are better placed to consider complaints about data protection matters such as these.

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Final decision

13. We will not investigate Ms X’s complaint because there is insufficient evidence of fault causing an injustice and because the ICO are better placed to consider a complaint about data protection matters.

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Investigator's decision on behalf of the Ombudsman