The Ombudsman's final decision
Summary: Ms X says the Council’s Local Authority Designated Officer failed to conduct the multi-agency meetings according to the Statutory Disclosure Guidelines. Ms X says this led to an incorrect disclosure to the Disclosure Barring Service. Ms X also says the Council failed to deal with her complaint. We have found fault in the Council’s complaint handling and recommend the Council apologise and carry out service improvements.
The complaint
Ms X says the Council’s Local Authority Designated Officer (LADO) failed to conduct the multi-agency meetings according to the Statutory Disclosure Guidelines. Ms X says this led to an incorrect Disclosure Barring Service (DBS) disclosure. Ms X also says the Council failed to deal with her complaint.
Ms X says she has suffered distress and loss of earnings.
The Ombudsman’s role and powers
If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended) We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended) We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended) 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I have considered Ms X’s complaint and the information she provided.
I have considered the Council’s comments and the documents it provided.
I have also considered the Keeping Children Safe in Education- Statutory Guidance for Schools and Colleges, Working Together to Safeguard Children, Department for Education 2018 and the Council’s guidance for the procedure a LADO should follow.
Ms X and the Council have had the opportunity to comment on my draft decision and any comments received have been considered before a final decision was issued.
What I found
Guidance and legislation Role of the LADO Every council should have an officer, or team of officers, to manage and oversee allegations against people who work with children. These officers are known as local authority designated officers (LADOs). (Working Together to Safeguard Children 2018) LADOs provide advice and guidance to employers and voluntary organisations on dealing with allegations against employees or volunteers. They should ensure relevant agencies share information. They should also monitor the progress of cases and ensure allegations are dealt with consistently, fairly and without delay. (Working Together to Safeguard Children 2018) The Council has a policy called ‘Managing Allegations of Abuse Against a Person who Works with Children’. The policy says the LADO must: establish that an allegation made is within the scope of the procedures.
verify whether there is evidence that establishes whether the allegation is false or unfounded.
consider information or reports made direct to the Police or Children’s Social Care.
consider whether further details are needed.
The policy says the LADO should oversee the progress of each case and advise the body carrying out the investigation.
The policy also says the LADO will hold a final meeting to decide, on the balance of probabilities, what the final outcome should be. The procedures say there are five potential outcomes. These are, substantiated, malicious, false, unsubstantiated and unfounded.
The policy also says if the allegation is substantiated and the person is dismissed or disciplined, or the employer ceases to use the person’s services the LADO must discuss with the employer whether a referral should be made to the Disclosure and Barring Service.
Keeping Children Safe in Education – Statutory Guidance for Schools and Colleges The guidance says the role of a LADO is not to investigate the allegation, but to ensure that an appropriate investigation is carried out.
The guidance also says in an allegations meeting or during the initial assessment of the case, the agencies involved should share all relevant information they have about the person who is subject of the allegation and about the alleged victim.
Appendix C also sets out the critical importance of recording, holding, using and sharing information effectively for Designated Safeguarding Leads (DSL) within schools.
What happened Ms X worked as a supply teacher in schools via an agency.
In May 2022 the Council’s LADO received a referral following an allegation made about Ms X.
The LADO chaired two meetings which resulted in the allegation being substantiated, and Ms X’s employers implementing training for her.
The LADO meeting notes record the attendees discussed a DBS referral but decided it was not warranted.
Ms X says the LADO allowed others in the multi-agency meeting to ‘continue in their line of speculation and assumption’ and ‘did nothing to call such behaviour to a halt’. Ms X says this led to a disclosure to DBS meaning she suffered loss of earnings and distress.
Ms X disputed the disclosure and following an investigation by the Independent Monitor the disclosure was deleted.
Ms X raised a complaint with the Council in late 2023 but the Council said as Ms X was not a customer who directly engaged its services it would not accept her complaint.
Analysis From the information provided, I have seen the LADO carried out the role in accordance with the Council policy.
The report from the Independent Monitor (IM) refers to allegations made at two schools about Ms X. The report from the IM criticises the recordings of a meeting in July 2022 and says the statements made did not record the facts of the case. Ms X believes it to be the LADO for this Council that was responsible for this meeting. However, having reviewed the Council’s records, the LADO involvement ended in May 2022.
I understand Ms X was working at a school in another area at the point where additional allegations against her were made. Therefore, based on the evidence available, it is likely that the report the IM found fault with was a result of the investigation by another Local Authority.
If Miss X is unhappy with the process the LADO of the other Local Authority followed, she would need to address any concerns with it directly.
Part of Miss X’s complaint is that she feels the LADO should have followed the disclosure guidelines from “Keeping Children Safe in Education”. Whilst this legislation does set out the role of the LADO in the context of how schools must work alongside them, the specific guidelines Ms X is referring are for the DSL within schools. If Ms X takes issued with how the DSL behaved in the meeting, she should address this with the school. It is not within the Ombudsman’s jurisdiction to investigate matters within a school.
Complaint handling When Ms X complained to the Council it responded to say as she had not directly engaged with its services, she could not raise a complaint. This is not correct and is fault. As the subject of a LADO meeting Ms X had the right to raise a complaint to be considered under the Council’s complaints policy.
Ms X referred the complaint to the Ombudsman. The Ombudsman has completed an investigation into the matter. As such, Ms X has suffered limited injustice.
Recommended action Within one month of a final decision the Council should: Apologise to Ms X for failing to accept her complaint.
In writing, remind staff who deal with complaints that people who are subject to LADO investigations are eligible to raise a complaint.
The Council should provide us with evidence it has complied with the above actions.
Final decision
I have found fault in the Council’s complaints handling.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman