Summary: We will not investigate this complaint about the Council substantiating a safeguarding concern in a matter involving Miss X. There is not enough evidence of fault in the Council’s actions to warrant investigation by us.

The complaint

1. Miss X said she was the subject of a malicious referral to the Council’s safeguarding officer (LADO), who upheld the matter despite her having evidence of its falsehood.

Back to top

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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The Council’s child protection duty is to consider matters referred to it that might require action to reduce or eliminate the risk of serious harm to a child. That does not require the same standard of proof as in a court case, or involve notions of innocence or guilt, or a fair trial.
6. The Council supplied a confidential copy of its LADO record. The records show the LADO received a contact regarding a child and Miss X, then further evidence from several sources. The matters alleged went much wider than the matter Miss X has told us she has evidence to disprove. The records show the LADO took account of that further evidence, but decided it made no difference to the decision because of the other matters. It is clear from the records that several matters were raised by several different sources and that the child’s account was also recorded. What was taken to the LADO would have given grounds to substantiate a concern that a child had been placed at risk of harm. Investigation by us would be unlikely to find the LADO acted with fault in reaching the decision.

Back to top

Final decision

7. We will not investigate Miss X’s complaint because there is not enough evidence of fault by the Council to warrant this.

Back to top

Investigator's decision on behalf of the Ombudsman