Summary: We will not investigate this complaint about how the Council dealt with a safeguarding referral. This is because there is insufficient evidence of fault by the Council and an investigation would not lead to a different outcome.

The complaint

1. Mr X complains that the Council misused the Local Authority Designated Officer (LADO) process when dealing with a safeguarding referral made about Ms Z.

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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, or
• further investigation would not lead to a different outcome.

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

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X runs an agency to provide education staff to schools and Ms Z works for that agency.
6. The Council received a safeguarding concern regarding Ms Z which was forwarded to the LADO. Mr X and Ms Z complain that the LADO should not have pursued a LADO investigation, that there is medical evidence that proves Ms Z was not present during the alleged incident and that the Council delayed informing Mr X of the referral.
7. I will not investigate Mr X and Ms Z’s complaint because there is insufficient evidence of fault. The role of the LADO is not to investigate concerns raised about people who work with children, but to oversee the process as it has done in this case. The school has commissioned an independent investigation into the allegation and that investigation will determine the outcome, with oversight from the LADO.
8. The Council did accept that it delayed sending an email to Mr X, outlining the details of the referral. It has apologised to Mr X for this oversight. I will not investigate this element of the complaint because the Council’s response is proportionate and therefore an investigation by the Ombudsman would not lead to a different outcome.

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Final decision

9. We will not investigate Mr X and Ms Z’s complaint because there is insufficient evidence of fault by the Council and an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman