Summary: We will not investigate this complaint that the Council’s Local Authority Designated Officer failed to ensure an allegation was considered fairly and thoroughly. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Mr X, complains that the Council’s Local Authority Designated Officer (LADO) failed to ensure an allegation against a member of staff at his son’s school was considered fairly and thoroughly.

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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))

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How I considered this complaint

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

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My assessment

5. Mr X says his son suffered an injury during an altercation with a member of staff at his school. The school reported the matter to the LADO. The LADO is an officer of the Council responsible for overseeing investigations into allegations that somebody who works with children has behaved in a way that may pose a risk to children.
6. It is Mr X’s contention that the LADO failed to obtain relevant information and failed to challenge the school over its actions. As a result, the school was able to present misleading information unchallenged.
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8. The LADO did not find that the allegation met the threshold for allegation management because there was no reasonable cause to conclude that a child was suffering or likely to suffer significant harm. Mr X disagrees with this decision. But it is not for the Ombudsman to take a view on whether it is correct. Rather, it is to consider whether there is evidence of significant fault in the way the decision was made, and whether it is likely that any such fault led to an outcome which would not otherwise have been the case. There is no such evidence.
9. The Council’s complaint responses set out the actions the LADO took and the evidence they considered. Whether they could have obtained further information, which may have led to a different outcome, is not relevant. The actions they did take appear reasonable and proportionate in the circumstances. They obtained information which satisfied them that the threshold for further intervention was not met. That was a matter for their professional judgement and the decision is not demonstrably flawed. That being the case, it is not for the Ombudsman to criticise it, or intervene to substitute an alternative view. Investigation is not warranted.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman