Summary: We will not investigate this complaint about the Council’s safeguarding process. The Council’s role here was limited, and investigation of that would be unlikely to lead to a finding of fault. We cannot investigate the actions of a school as we are legally prevented from doing so.

The complaint

1. Mr X says there was serious bias towards management level employees, and serious issues regarding manipulation of a LADO. He says a school
   destroyed a family and his livelihood.

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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.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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 Council’s role here was limited. The officer responsible for safeguarding (the LADO) oversees the work done by schools, but is not responsible for it. A LADO’s role is to ensure there is no risk of harm to children. It does not extend to an investigation of the actions of a school, or to matters of innocence or guilt in the same way as a court.
8. The confidential records of the referral the LADO received, and of their actions show a school reported concerns about Mr X, who worked with children. The LADO ended their involvement without any determination when Mr X ended his registration to work with children. That was consistent with the LADO’s duty only to consider risk of harm to children. Were we to investigate the Council’s actions, it is unlikely we would find fault.
9. We cannot investigate the school’s actions in making the referral, or the dispute between it and Mr X.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence e of fault in the Council’s actions to warrant investigation by us.
11. We cannot investigate the actions of a school concerning Mr X as a legal bar prevents us doing so.

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Investigator's decision on behalf of the Ombudsman