Summary: We will not investigate Miss X’s complaint about how the Council handled allegations about her. This is because there is insufficient evidence of fault and investigation would not lead to a different outcome.

The complaint

1. Miss X complains about how allegations about her were dealt with by the Council and the school where she worked. Miss X says the allegation was treated as true with insufficient evidence. Miss X says this has had a significant impact on her mental health and wants a formal apology, her record cleared and access to mental health support.

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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
• further investigation would not lead to a different outcome.

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

3. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The LADO’s role is limited to having oversight of the process. When allegations are made about adults who work with children it is the police or employer who will usually investigate them.
8. In May 2024 a parent raised safeguarding concerns with the school where Miss X worked. The school reported these concerns to the Council and they were considered by children’s services and the Local Authority Designated Officer (LADO). An investigation was carried out by the school.
9. I cannot look at the actions of the school, including how it carried out its investigation, how it provided updates to Miss X or any disciplinary decisions it made. I can only look at the actions of the Council.
10. The Council’s children’s services decided it should conduct child protection enquiries for the children named as part of the concerns. During their investigations they spoke with the children’s parents. One child’s parent did not speak English, so the Council used an interpreter and then spoke to the parent another time using their relative as interpreter. Miss X complained this was inappropriate.
11. I will not investigate the actions of the Council’s children’s services. The Council agreed that it was inappropriate for the social worker to have used a relative as an interpreter and has taken learning on this. Further investigation would not lead to a different outcome.
12. I will not investigate the actions of the LADO. The records I have seen show the LADO oversaw the case and was in regular contact with other agencies and departments. Records show the LADO scrutinised information, including inconsistencies and was aware that the allegations had been retracted by the parent. There is insufficient evidence of fault by the LADO, and I will therefore not investigate this element of Miss X’s complaint. avb
13. Miss X asked for the details of the Child Protection enquiries. The Council said it could not share the children’s personal information. Miss X can approach the Information Commissioner’s Office (ICO) if she is dissatisfied with how the Council handled her information request. The ICO are better placed to consider complaints about how requests for information are dealt with.

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Final decision

14. We will not investigate Miss X’s complaint because there is insufficient evidence of fault and investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman