Summary: We will not investigate Mrs Y’s complaint about the actions of the Council’s Local Authority Designated Officer. There is not enough evidence of fault to justify us investigating.

The complaint

1. Mrs Y complained about the role of the Council’s Local Authority Designated Officer (LADO). Mrs X said the LADO provided wrong advice to her employer and put in a referral to a professional regulator despite a referral having already been put in by another agency.
2. Mrs Y said this caused distress, affected her career and led to children’s services' involvement with her children.
3. Mrs Y wants the Council to tell the professional regulator the referrals were wrong, to apologise, and tell any future employer the LADO process was flawed.

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The Ombudsman’s role and powers

4. 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))

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How I considered this complaint

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

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My assessment

7. The 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.
8. Mrs Y’s employer decided it would cease to use her. The employer sought advice from the LADO who said threshold was met for referrals to the professional regulator and the Disqualification and Barring Service (DBS).
9. Further information came to light that led to the LADO putting in another referral to the professional regulator.
10. The Council, through its LADO, has a statutory duty to refer to the relevant professional regulator and the DBS when an employer withdraws permission for a person to engage in regulated activity with children.
11. We will not investigate this complaint. There is not enough evidence of fault in how the Council, through its LADO, exercised its duties.

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Final decision

12. We will not investigate Mrs Y’s complaint because there is not enough evidence of fault to justify us investigating.

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Investigator's decision on behalf of the Ombudsman