Summary: We cannot investigate Mr B’s complaint about alleged fault on the part of the Council’s Local Authority Designated Officer. This is because it relates to matters which the law says we cannot investigate.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council’s Local Authority Designated Officer (LADO) was at fault in the management of the enquiry into allegations made against him.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.
8. The complainant has had an opportunity to comment on my draft decision.

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My assessment

9. Mr B says he was the subject of false allegations made by someone who was not known to him. Because of the nature of the allegations, the LADO met with the police and the school at which Mr B was employed as a teacher.
10. The Council says the meeting did not identify any implications for Mr B’s employment. The LADO decided it was appropriate for the school to decide whether to tell Mr B about the matter. Mr B says it did not do so but it did terminate his employment.
11. Mr B says he was unaware of the allegations against him or the Council's involvement until they were mentioned in a court report in proceedings relating to contact with his daughter. He complains that the LADO did not inform him at the time. He contends that the LADO's actions were material to the loss of his job and the loss of contact with his daughter.
12. We cannot investigate Mr B's complaint. The LADO had the discretion to decide not to tell Mr B about the matter and the exercise of that discretion was a matter for their professional judgement. It is not possible to say that, if the LADO had acted differently, the outcome would have been different. This is because we cannot by law consider the circumstances leading to the loss of Mr B's employment or the loss of contact with his daughter.
13. Disciplinary and personnel matters within schools are specifically excluded from the Ombudsman's jurisdiction by law, as are decisions made in court. The Courts have held that the Ombudsman cannot consider the Council's actions in relation to matters which are themselves outside our jurisdiction, so we cannot consider why Mr B lost his employment or matters relating to contact with his daughter. It follows therefore that we cannot investigate the Council's actions.

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Final decision

14. We cannot investigate Mr B’s complaint. This is because it relates to matters which the law says the Ombudsman cannot investigate.

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Investigator's decision on behalf of the Ombudsman