Summary: We cannot investigate this complaint about how the Council’s Local Authority Designated Officer dealt with a referral about the complainant. This is because we cannot investigate what happens in schools nor can we investigate when someone has appealed to a tribunal.

The complaint

1. The complainant, who I will call Mr X, complains that the Council’s Local Authority Designated Officer (LADO) was at fault in the management of enquiries into allegations made against him and how it managed information about the allegations. He says this led to his suspension and him having to appeal to an employment tribunal.

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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 if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), 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))
6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council’s LADO received a safeguarding referral relating to Mr X’s employment. The LADO referred this to the police who investigated and concluded there would be no further police involvement. The LADO therefore informed Mr X’s employer that it should carry out its own investigation. Mr X’s employers subsequently concluded their investigation and decided it would continue to employ Mr X but in different locations to avoid any further allegations.
10. Mr X complains about how the investigation was carried out and about how the LADO had managed its records in relation to the allegations. Mr X says that the actions of the LADO resulted in his employer suspending him with no pay, him being unemployable and him having to appeal to an employment tribunal.
11. I cannot investigate this complaint. The investigation into the allegations against Mr X was carried out by his employer and not the LADO. Mr X subsequently appealed the outcome of the investigation to an employment tribunal.
12. Disciplinary and personnel matters relating to schools are specifically excluded from the Ombudsman's jurisdiction by law, as are decisions made by tribunals. The Courts have held that the Ombudsman cannot consider the Council's actions in relation to matters which are themselves outside our jurisdiction. It therefore follows that we cannot investigate the actions of the LADO in this case.
13. We will not investigate Mr X’s complaint about how the Council managed information about the allegations. This is because Mr X has complained to the Information Commissioner who is best placed to deal with such matters.

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Final decision

14. I cannot investigate Mr X’s complaint because we cannot investigate what happens in schools nor can we investigate when someone has appealed to a tribunal

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Investigator's decision on behalf of the Ombudsman