The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council considered safeguarding concerns raised about Ms X. This is because there is no evidence of fault by the Council as it was under a duty to consider concerns raised and is not responsible for the actions of the body making the referral or the actions of Ms X’s employer.
The complaint
Ms X complains about the way the Council dealt with safeguarding allegations made against her. Ms X says this has impacted on her job.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council received a safeguarding referral from the Police regarding Ms X. This was considered by the Local Area Designated Officer (LADO) due to the nature of Ms X’s job.
The LADO decided no further action was necessary and did not progress to an investigation. The LADO advised Ms X’s employer it may wish to monitor her “presentation” but did not make any formal recommendations.
There is no evidence of fault in how the Council considered the safeguarding referral. The Council is under a duty to consider safeguarding issues raised. There is no duty to consult or interview persons subject to a referral unless the matter is being taken further.
If Ms X is unhappy about the referral being made she should raise this with the Police. The Council is also not responsible for the actions of Ms X’s employer.
Final decision
We will not investigate Ms X’s complaint because there is no evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman