Summary: Miss X complained that the Council’s Local Authority Designated Officer (LADO) failed to follow correct procedures in relation to a referral by her employer. There is no evidence of fault by the Council in the way the LADO handled the referral or its oversight of the following investigation.

The complaint

1. Miss X complained that the Local Authority Designated Officer (LADO) for Durham County Council (the Council) failed to follow correct procedures in relation to a referral by her employer. As a result, she suffered damage to her reputation and a negative impact on her career.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. 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)
3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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What I have and have not investigated

4. I am unable to investigate any part of Miss X’s complaint relating to any actions by her employer, as I am unable to investigate what happens in schools. I have therefore restricted my investigation to the actions of the Council’s LADO.

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How I considered this complaint

5. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
6. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

The Role of the LADO

7. The role of the LADO (or Designated Officer) is set out in Working Together to Safeguard Children (2018) (Chapter 2 Paragraph 4) and is governed by the Local Authorities duties under section 11 of the Children Act 2004.
8. Ordinarily, to ensure impartiality, the LADO will not have direct contact with the adult against who the allegation has been made, or the family of the child/children involved but will, as part of their role, ensure that these have information regarding outcomes.
9. Guidance provided by the National LADO Network states that the LADO is responsible for:
• Providing advice, information and guidance to employers and voluntary organisations around allegations and concerns regarding paid and unpaid workers.
• Managing and overseeing individual cases from all partner agencies.
• Ensuring the child’s voice is heard and that they are safeguarded.
• Ensuring there is a consistent, fair and thorough process for all adults working with children and young people against whom an allegation is made.
• Monitoring the progress of cases to ensure they are dealt with as quickly as possible.
• Recommending a referral and chairing the strategy meeting in cases where the allegation requires investigation by police and/or social care.

What happened

10. Miss X’s employer made a referral to the Council’s LADO. Her employer then completed an investigation into the allegations which prompted the referral. Miss X says a member of staff who had a conflict of interest made the referral, and this meant the following investigation was not impartial. However, the Council’s records show another member of the school’s staff completed the investigation.
11. Miss X appealed the outcome of the school’s investigation and gave her concerns about the referral which were considered by the school. The school then amended its outcome of the investigation, which the LADO recorded.
12. Miss X says that she received no contact or guidance from the LADO about the investigation process. She complained to the Council that the investigation had not been impartial. The Council told Miss X that she should direct her complaint to her employer, who had completed the investigation.

Analysis

13. The Council’s record shows the LADO communicated with the school, offering appropriate guidance around its investigation. Records also show the school considered Miss X’s concerns about the alleged conflict of interest at appeal, which the LADO recorded.
14. It was the school’s role, as employer, to complete the investigation. There is no fault in the way the LADO carried out its role regarding the referral or to monitor the progress of the school’s investigation.
15. Miss X complained she had no contact from the LADO. The National LADO Network says the LADO should usually not have direct contact with the adult against whom the allegation has been made. Therefore, the Council is not at fault.

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Decision

16. I find no fault with the Council’s actions.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman