Derbyshire County Council (25 004 441)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 17 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate X’s complaint about the actions of the Council’s Local Authority Designated Officer (LADO) regarding a safeguarding referral the Council made to a professional regulator and the Disclosure and Barring Service (DBS). There is insufficient evidence of fault.
The complaint
- X complained about the actions of the Council’s Local Authority Designated Officer (LADO). X said the Council submitted a referral to X’s professional regulator and the Disclosure and Barring Service (DBS) despite other referrals already being made by other agencies with an outcome of “No Further Action” (NFA).
- X said the matter caused them distress and uncertainty.
The Ombudsman’s role and powers
- 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)).
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council, through its LADO, has a statutory duty to notify professional agencies about safeguarding concerns it finds are substantiated against professionals, regardless of the actions of other external agencies.
- The Council investigated and found the allegations against X were upheld. It therefore collated the evidence it had gathered and submitted referrals to the relevant professional body and the DBS service. This is in line with the role of the LADO. Consequently, there is insufficient evidence of fault to warrant an investigation by the Ombudsman, and we will not investigate this complaint.
Final decision
- We will not investigate X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman