Summary: We will not investigate this complaint about how the Council recorded and shared information. Some of the complaint is late, and there are no good reasons it was not brought to us sooner. And of the other parts that are not late, it is unlikely we would find fault if we were to investigate further.

The complaint

1. Mr X complained the Council shared biased information about allegations made against him, with another organisation e in 2022.
2. Mr X says that he was not informed the Council had recorded these previous allegations against him, as being substantiated.
3. Mr X also says that this has tarnished his reputation and standing and affected his employment.
4. Mr X would like the Council to recognise their error and offer him an apology.

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The Ombudsman’s role and powers

5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. 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))

7. 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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How I considered this complaint

8. I considered information provided by Mr X and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. The Local Authority Designated Officer (LADO) is a person responsible for managing and overseeing investigations into allegations that somebody who works with children has behaved in a way that may pose a risk to children.
11. We will not investigate the part of Mr X’s complaint that regards information the LADO shared in 2022. The complaint is late, and it was reasonable to expect Mr X to bring his complaint to us within 12 months of it happening.
12. The Council’s policy states the employer needs to form a view, on the balance of probability, about the outcome following an allegation. This view can be adjudicated by the LADO.
13. Having reviewed the documentation regarding the allegations made against Mr X, it is unlikely that we would find fault in how the Council took its decision because it was acting in line with its policy.
14. The policy also places responsibility on the manager of the person affected to provide updates about these matters. Therefore, we cannot investigate Mr X’s complaint that he was not informed of the decision to substantiate the allegations. This is a matter between him and his then employer. The law prevents us from considering complaints about Mr X’s employer.

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Final decision

15. We will not investigate Mr X’s complaint because some of it is late, and it is unlikely that we would find fault if we were to investigate further.

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Investigator's decision on behalf of the Ombudsman