The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council’s Local Authority Designated Officer dealt with report that someone who worked with children ignored concerns of abuse. This is because there is insufficient evidence of fault with how the matter was dealt with.
The complaint
The complainant, who I will call Mrs X, complains about how the Council’s Local Authority Designated Officer (LADO) dealt with Mrs X’s report that someone who worked with children ignored concerns of abuse. Mrs X says the abuse occurred in the Council’s area and therefore it should investigate the matter.
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’s Local Authority Designated Officer (LADO) oversees and manages the investigation of allegations against people working with children. They will also provide advice and guidance to employers and voluntary agencies about handling such allegations. When historic allegations are received Councils should identify if the person is still working with children, and decisions about informing the person’s current employer will be made in consultation with the LADO.
Mrs X’s contacted the Council’s LADO raising concerns that someone who worked with children ignored concerns that she was being abused more that 40 years ago. The Council found that the person no longer lived in the area and that the matter has been considered by a LADO in another Local Authority.
I will not investigate Mrs X’s complaint. This is because there is insufficient evidence of fault in how the Council dealt with the matter. The person subject to the report to the LADO now lives in a different area and therefore this is a matter for the Local Authority where the individual now lives and may work with children. Therefore the Council is correct to say that this is a matter for a different council.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman