Summary: We will not investigate Mrs X’s complaints about the Council’s Local Authority Designated Officer (LADO) function because there is insufficient evidence of fault. We will not investigate the Council’s complaints handling because the tests in our Assessment Code are not met.

The complaint

1. Mrs X complains the Council:
1. did not investigate her referral to its Local Authority Designated Officer regarding her concerns about professionals at her child’s school; and
2. failed to respond to her complaints appropriately.
2. Mrs X said the matter caused her frustration and uncertainty.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

LADO Process

6. Mrs X complained the LADO did not accept a referral she made relating to professionals at her child’s school. The Council explained to Mrs X the LADO does not accept direct referrals from parents (or the public). The Council explained to Mrs X the school would need to investigate the issues. Mrs X submitted her concerns to the school.
7. The Council LADO service is not obligated to accept referrals from parents. There is insufficient evidence of fault in this process to warrant our involvement.
8. Later, Mrs X complained about the outcome of the school’s investigation. In its complaint response, the Council explained the LADO was satisfied with the way the investigation was conducted.
9. There is insufficient evidence of fault in this process to warrant an investigation by the Ombudsman.
10. In addition, the Council explained to Mrs X if she was concerned about her child, she could refer the matter to its front door safeguarding hub for consideration. It also explained to Mrs X she could raise the matter with the police if she had concerns.
11. There is insufficient evidence of fault in this process to warrant an investigation by the Ombudsman.

Complaints handling

12. It is not a good use of public resources to investigate complaints about complaint procedures if we decide not to investigate the substantive issue. Consequently, we will not investigate this complaint because the tests in our Assessment Code are not met.

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Final decision

13. We will not investigate Mrs X’s complaint because the tests in our Assessment Code are not met.

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Investigator's decision on behalf of the Ombudsman