Summary: We will not investigate Mrs X’s complaint about how the Council handled a Local Authority Designated Officer referral and the school’s actions following this. This is because we have not seen any evidence of fault to justify an investigation.

The complaint

1. Mrs X complains the Council did not fully investigate an incident that happened at school and wants an independent investigation into the event.

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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))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by Mrs X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X raised concerns that a member of staff pushed her daughter at school, causing her harm.
7. The School’s Safeguarding Officer reviewed the incident and examined the video footage. They referred the matter to the Local Authority Designated Officer (LADO) for screening. The LADO spoke to the school about its investigation and viewed the video footage but decided the case did not meet the threshold for further investigation. The LADO did raise concerns about the staff member’s professional conduct, so referred the matter back to the school to provide further training and guidance to the staff member involved.
8. Mrs X raised a complaint to the Council regarding the LADO’s actions. After reviewing the incident, the Council concluded that the LADO made the correct decision, as the threshold for significant harm had not been met. The Council advised Mrs X to contact the school directly if she remained dissatisfied with any actions taken following the complaint response.
9. I have found no evidence of fault by the Council that would justify further investigation. The LADO considered relevant information before reaching their decision that the threshold for further involvement had not been met. In the absence of fault we cannot question the merits of that decision.

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Final decision

10. We will not investigate Mrs X’s complaint as there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman